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Center for Biological Diversity v. California Department of Fish & Wildlife
The Supreme Court of California held that the state fish and wildlife agency violated the California Environmental Quality Act (CEQA) and the California Fish and Game Code when it approved a large development project in northwest Los Angeles County. The agency prepared an environmental impact report...
Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency
The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor trailers in violation of the dormant Commerce Clause. The associatio...
Morristown Assocs. v. Grant Oil Co.
In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...
Adams v. Chevron
A district court remanded to state court personal injury and property damage claims brought by hundreds of individuals against an oil company in connection with their alleged exposure to contamination from oil field pipe. The case was originally filed in state court in 2002. It was then removed to f...
Pebble Ltd. Partnership v. Environmental Protection Agency
A district court held that the developers of the proposed Pebble copper and gold mine in Alaska who filed a Federal Advisory Committee Act (FACA) claim against EPA following the Agency's initiation of CWA §404(c) proceedings may not seek discovery from non-parties that appeared before EPA in connec...
Foster v. Washington Department of Ecology
A Washington court held that the public trust doctrine applies to the protection of the atmosphere, including limits on greenhouse gas (GHG) emissions, but denied minors' petitions for stricter GHG regulations because the state agency has already commenced rulemaking. The court held that the state h...
In re Methyl Tertiary Butyl Ether Products Liability Litigation
A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be dismis...