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American Wildlands v. Browner

The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily or capriciously in approving Montana's water quality standards exempting nonpoint sources of pollution from antidegradation review or in approving Montana's mixing zone policies and procedures. The court firs...

Brody v. Port Chester, Village of

The court vacates a preliminary injunction enjoining a New York town from proceeding with its condemnation action against a landowner. The city sought to condemn the landowner's property as part of its redevelopment plan for the city's downtown and waterfront area. The owner argued, and a district c...

Coalition for Sustainable Resources v. U.S. Forest Serv.

The court dismisses on ripeness grounds a conservation group's claim that the U.S. Forest Service violated the Endangered Species Act (ESA) by failing to carry out certain conservation programs in its management of the Medicine Bow National Forest in Wyoming. Specifically, the group argued that by a...

Northeast Conn. Econ. Alliance, Inc. v. ATC Partnership

The court holds that a trial court erred in not evaluating evidence of environmental contamination and remediation costs related to a company's property that a regional economic alliance, acting for a town, took by eminent domain. The court first holds that excluding contamination evidence, as a mat...

State v. CNA Ins. Cos.

The court affirms in part and reverses in part a trial court decision that the insurance policies of the Vermont Department of Corrections (DOC) did not provide coverage for an administrative proceeding brought against it by the state environmental agency for contamination at a former prison site, b...

Gates v. Rohm & Haas Co.

A district court denied a chemical company's motion to dismiss property owners' common-law property claims for damages arising out of alleged continuing airborne vinyl chloride contamination and past groundwater contamination. The owners argued that this "physical invasion" of their property by a ca...

In re Premcor Ref. Group Inc.

A Texas appellate court vacated a lower court order denying oil refineries' motions to dismiss individuals' personal injury claims stemming from their exposure to allegedly dangerous emissions from the refineries' facilities. Although the individuals recharacterized their allegations as property dam...

Center for Biological Diversity v. California Fish & Game Comm'n

A California appellate court affirmed a lower court decision that the California Fish & Game Commission erred in rejecting a petition to add the California tiger salamander to the list of endangered species under the California Endangered Species Act. The administrative record shows the salamander s...

Santa Clara Valley Water Dist. v. Olin Corp.

The Federal Circuit affirmed a lower court decision holding that the U.S. government breached lease agreements it entered into with oil companies to explore for and develop oil and gas resources in the outer continental shelf off the California coast and ordering it to pay over $1.1 billion in resti...

Center for Biological Diversity v. FPL Group, Inc.

A California appellate court affirmed the dismissal of environmental groups' lawsuit against the owners and operators of wind turbine electric generators for killing and injuring raptors and other birds in violation of the public trust doctrine. Wildlife, including birds, is considered to be a publi...