The U.S. Supreme Court held that a government's demand for property from a land use permit application must satisfy the "nexus" and "rough proportionality" requirements of Nollan v. California Coastal Comm'n, 483 U.S. 825, 17 ELR 20918 (1987), and Dolan v. City of Tigard, 512 U.S. 374, 24 ELR 21083 ...
The Eighth Circuit held that pollution exclusion clauses preclude an insurance company's duty to defend a lead producer in an underlying lawsuit alleging damages stemming from the release of hazardous wastes or toxic substances, but they do not preclude coverage in a lawsuit alleging that the lead p...
The Eighth Circuit held that under Missouri law, an insurance company has no duty to defend a lead producer in an underlying lawsuit alleging environmental property damage resulting from the lead producer's mine and mill operations. The policy contained an absolute pollution exclusion clause, and he...
The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train control" (PTC) system no later than December 31, 2015, on certain t...
The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...
The U.S. Supreme Court held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause and are not preempted by the Red River Water Compact—an interstate water compact that allocates water among Texas, Okl...
The Seventh Circuit upheld a FERC order allowing a regional electricity transmission system to apportion costs for new power lines necessary to bring power generated from wind farms in the Great Plains to urban centers among all the utilities drawing electricity from the grid. The costs would be all...