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Jersey City v. Consolidated Rail Corp.
The D.C. Circuit held that a city has standing to challenge a railroad company's sale of a historic elevated railroad embankment to developers. The city argued that the sale was void because the company failed to obtain approval from the Surface Transportation Board (STB) to abandon the property...
Barton v. Meddock
A district court remanded to state court landowners' claims for damages caused by defendants' alleged disposal of hazardous materials on their property. The landowners originally filed the suit in state court, but the defendants removed the case to federal court, arguing that the case involves a...
Center for Sierra Nevada Conservation v. County of El Dorado
A California appellate court reversed a lower court decision upholding a county's adoption of an oak woodland management plan and mitigation fee program without preparing an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). The county issued a negative decl...
Natural Resources Defense Council v. New York State Department of Environmental Conservation
A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law. By allowing discharges based on an applicant's notice of intent (NOI) to discharge, the permitting scheme c...
Tilot Oil, LLC v. BP Products North America, Inc.,
A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial danger to human health or the environment. The owner does not u...
Chevron Corp. v. Naranjo
The Second Circuit vacated a preliminary injunction enjoining residents from the Lago Agrio region of the Ecuadorian Amazon from enforcing a multibillion dollar judgment awarded by an Ecuadorian court against an oil company for environmental pollution. Below, the court ruled that absent a preliminar...
Shoshone Indian Tribe of the Wind River Reservation, Wyoming v. United States
The Federal Circuit vacated and remanded a lower court decision dismissing Native American tribes' claim that the government unlawfully converted oil and gas leases on a reservation from one type of lease to another. The lower court dismissed the claims on statute of limitations grounds. The tri...
Sierra Club v. California Parks & Recreation
A California appellate court upheld a lower court decision dismissing a petition to compel the state's parks and recreation department to ban off-highway vehicle recreation on certain leased portions of the Oceano Dunes State Vehicular Recreational Area. It is too late to review the 1982 coastal...