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United States v. Massachusetts

In a case arising from a catastrophic oil spill in Buzzards Bay, a district court granted summary judgment in favor of the United States to find that aspects of the Massachusetts Oil Spill Prevention Act (MOSPA) were preempted by the federal Ports and Waterways Safety Act of 1972 (PWSA). The U.S. Co...

Communities for a Better Env't v. Richmond, City of

The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natura...

Fideicomiso de la Tierra del Caño Martín Peña v. Fortuño

The First Circuit dismissed a land trust's claim that a statute revoking its title to lands in a canal area amounted to a taking and violated its due process rights. The statute amended Law 489, which among other things, created the land trust and transferred to the trust title to certain lands that...

Public Water Supply Dist. No. 3 v. Lebanon, City of

The Eight Circuit affirmed in part and reversed in part a lower court decision granting summary judgment in favor of a city accused of illegally providing water and sewer services to customers within a nearby water district's boundaries. In 2007, the USDA granted the water district a $2 million loan...

Center for Biological Diversity v. San Bernardino, County of

A California appellate court upholds a lower court decision decertifying a county's environmental impact report (EIR) for an open-air human waste composting facility under the California Environmental Quality Act (CEQA). Substantial evidence does not support the EIR's position that an enclosed facil...

Alabama v. North Carolina

The U.S. Supreme Court holds that North Carolina should not be held liable or subject to monetary sanctions for failing to fulfill its obligations to an interstate radioactive waste compact. Under the agreement, North Carolina was to take "appropriate steps" to obtain a license and then construct an...

Appalachian Voices v. State Air Pollution Control Bd.

The Virginia Court of Appeals upholds a lower court decision affirming a decision of the State Air Pollution Control Board to issue a PSD permit allowing an electric company to build and operate a coal-fired electric generating plant. The lower court did not err in concluding that carbon dioxide (CO...

TWC Storage, LLC v. State Water Resources Control Bd.

A California appellate court affirms a lower court's denial of a petition challenging a regional water board's imposition of a $25,000 fine against a company for a chemical spill on its property that infiltrated the groundwater. The company argued that the board abused its discretion in imposing the...

San Diego Navy Broadway Complex Coalition v. San Diego, City of

A California appellate court held that a local development agency was not required to prepare a subsequent or supplemental environmental impact report (EIR) under the California Environmental Quality Act (CEQA) regarding the potential impact of a redevelopment project on global climate change. CEQA ...

Vineyard Area Citizens for Responsible Growth v. Rancho Cordova, City of

A California appellate court held that a public interest group's California Environmental Quality Act (CEQA), zoning law, and public trust claims against a city for approving a development project in an environmentally sensitive area lacks merit. The environmental review process adequately addressed...