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Hagy v. Equitable Production Co.
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing landowner's negligence and trespass claims against natural gas drilling companies for alleged well water contamination. The landowners failed to connect any allegedly wrongful conduct by the companies with the ...
Star Insurance Co. v. Bear Productions
A district court held that an insurance company need not indemnify or defend a waste hauler in an underlying class action lawsuit for contamination stemming from their transport and disposal of "produced fluid waste" from oil and gas drilling operations into an open, unlined dump site. The hauler's ...
Northern Laramie Range Alliance v. Federal Energy Regulatory Commission
The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming. FERC certified the projects under the Public Utilities Regulatory Policies Act, which seeks to promote renewable energy sources by requiring utilities to buy power from small facilities that meet...
Alt v. United States Environmental Protection Agency
A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge, rendering it exempt from the CWA's NPDES permit requirement. The case involves a poultry farmer who operate...
Sierra Club v. United States Environmental Protection Agency
A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a mandatory duty to review the ozone air quality standards, and whether ...
State Department of Finance v. Commission on State Mandates
A California appellate court held that California's Commission on State Mandates erred in ruling that certain requirements set forth in a municipal stormwater sewer permit for Los Angeles County constituted unfunded state mandates subject to reimbursement under the state constitution. Although the p...
Nez Perce Tribe v. United States Forest Service
A district court issued an injunction ordering the U.S. Forest Service to prohibit industrial equipment—known as "mega-loads"—headed for the Alberta Sands from being transported along a highway that runs through the Nez Perce Reservation and the Nez Perce-Clearwater National Forest until certain...