Pioneer Aggregates, Inc. v. Pennsylvania Department of Environmental Protection
A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site. The state denied the application because the fill to be used at the site...
New Jersey Department of Environmental Protection v. Dimant
The Supreme Court of New Jersey affirmed a lower court decision dismissing the state environmental agency's contribution action against a dry cleaner under the New Jersey Spill Compensation and Control Act to recover costs incurred in investigating and remediating PCE-contaminated groundwater. The a...
Wolfson Land & Cattle Co. v. Pacific Coast Federation of Fishermen's Ass'ns
The Federal Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a takings suit filed by property owners claiming that the government's releases of water from a dam in central California unlawfully impaired their property rights in the water and inundated t...
United States v. Louisiana Generating, LLC
A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v. Reilly, 893 F.3d 901, 20 ELR 20414 (7th Cir. 199...
Katrina Canal Breaches Litigation
The Fifth Circuit withdrew its prior ruling and held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the U.S. Army Corps of Engineers from liability for flood damage stemming from Hurricane Katrina. Plaintiffs argued that the Corps should be held liable for th...