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St. Bernard Parish Government v. United States

The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent storm surge that was exacerbated by a "funnel effect" during Hurricane Katrina and subsequent hurricanes and s...

Kansas v. Nebraska

The U.S. Supreme Court adopted a Special Master's determination that Nebraska "knowingly failed" to comply with its obligations under a 2002 settlement agreement that resolved an underlying water allocation dispute between Nebraska and Kansas. The settlement established mechanisms to accurately meas...

Berkeley Hillside Preservation v. City of Berkeley

The California Supreme Court reversed a lower court decision that a developer's proposal to demolish an existing home and build a 10,000 square-foot single-family home on the lot may not be categorically exempt from environmental review under the California Environmental Quality Act (CEQA). After th...

Suction Dredge Mining Cases

A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any vacuum or suction dredge equipment by any person in any river strea...

Kane County, Utah v. United States

The Tenth Circuit affirmed in part and reversed and remanded in part a lower court decision granting a Utah county rights-of-way over 12 roads that cross federal lands. The county sought to quiet title to 15 roads or road segments under the Quiet Title Act. The county asserted rights-of-way under §...

Oil Spill by the Oil Rig "Deepwater Horizon"

A district court denied an oil company's motion to amend the findings, alter the judgment, or order a new trial in the Deepwater Horizon case in which the court found the company grossly negligent in the 2010 Gulf of Mexico oil spill. The company argued that it repeatedly objected to expert witness ...