Bartlett v. Honeywell International Inc.
The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...
National Parks Conservation Ass'n v. Semonite
A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "hard look" at the project and properly determined that no EIS was...
Gorsline v. Board of Supervisors of Fairfield Township
Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and agricultural uses. The lower court held that the proposed gas well wa...
Genuine Parts Co. v. Environmental Protection Agency
The D.C. Circuit vacated EPA's placement of the West Vermont Drinking Water Contamination site, a site of groundwater contamination beneath Indianapolis, Indiana, on the NPL. EPA used the hazard ranking system (HRS) to determine whether listing was appropriate. As part of that process, EPA assessed ...
Banks v. United States
A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-interest sold right-of-way easements to a railroad for operation o...