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Five Corners Family Farmers v. State

The Supreme Court of Washington held that state law does not limit the amount of water that can be withdrawn from groundwater for livestock-watering purposes. Local farmers and environmentalists sought a declaration that the stockwatering exemption from state permitting requirements is limited t...

Asarco LLC v. Shore Terminals LLC

A district court dismissed a property owner's contribution action against a railroad company for failure to state a claim. The property owner failed to allege any facts that explain why the company is liable for a portion of the site cleanup. It failed to explain how the company came to be invol...

New York v. Solvent Chemical Co.

The Second Circuit held that a lower court should have granted a chemical manufacturer's request for declaratory judgment against adjoining property owners under CERCLA for future costs it will incur cleaning up industrial pollution. The manufacturer sued the two adjoining property owners for c...

National Ass'n of Home Builders v. United States Army Corps of Engineers

The D.C. Circuit held that a home builders association lacked standing to challenge the U.S. Army Corps of Engineers' issuance of nationwide permit (NWP) 46, which allows persons to secure approval for qualifying discharges into "waters of the United States" without going through the more laborious ...

Quantification Settlement Agreement Cases

A California appellate court reversed and remanded a lower court decision invalidating a settlement agreement between the state and three water and irrigation agencies concerning the intra-state right to water from the Colorado River. In addition to allocating water rights within the state, the sett...