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EQT Production Co. v. Department of Environmental Protection

The Pennsylvania Supreme Court held that a natural gas company charged with violating the state's Clean Streams Law may seek preenforcement judicial review of the state environmental agency's interpretation of the statute's penalty provisions. The agency, which has assessed ongoing, multimillion dol...

Sierra Club v. Village of Painted Post

A New York appellate court upheld a lower court decision invalidating a water sales agreement that would have allowed a town to sell approximately one million gallons per day from its water supply to an energy company for drilling and hydraulic fracturing in Pennsylvania. Despite the town's conclusi...

John Sexton Sand & Gravel Corp. v. National Union Fire Insurance Co.

A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry," and the owner argued this provision applied because the underlying complaint alleges that odors, gas, and hazard...

California Building Ass'n v. Bay Area Air Quality Management District

The California Supreme Court held that agencies subject to the California Environmental Quality Act (CEQA) generally are not required to analyze the impact of existing environmental conditions on a project's future users or residents. But when a proposed project risks exacerbating those environmenta...