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California Cattlemen's Ass'n v. United States Fish & Wildlife Service
A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California ranchers and farmers who are no longer able to graze livestock on th...
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...
Public Employees for Environmental Responsibility v. Pruitt
A district court ordered EPA to comply with a FOIA request concerning the EPA Administrator's statement on TV that he did not believe human activity was a primary cause of climate change. Following his remarks, an environmental group filed a FOIA request for EPA records “relied upon by Administrat...
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...
Oakland Bulk & Oversized Terminal, LLC v. City of Oakland
A district court held that a city council breached a development agreement for a proposed export terminal when it passed an ordinance that banned coal operations at "bulk materials facilities" as well as a resolution that applied the ban to the proposed terminal. The development agreement froze in p...