A district court issued a preliminary injunction enjoining California from enforcing Proposition 65’s carcinogenicity warning requirement for glyphosate. On the evidence before the court, the required warning for glyphosate does not appear to be factually accurate and uncontroversial because it co...
The U.S. Supreme Court, in an unsigned judgment and decree, ordered Wyoming to pay Montana $20,340 in damages, plus $67,270.87 in costs, for reducing the amount of water available in the Tongue River in violation of the Yellowstone River Compact. The Compact protects pre-1950 appropriative rights to...
A district court held that EPA's year-long delay in implementing formaldehyde emission standards for domestically manufactured and imported composite wood products violated the Formaldehyde Standards in Composite Wood Products Act. The Act required EPA to issue implementing regulations no later than...
The Tenth Circuit ruled that an Oklahoma citizen has no claim against an oil company on allegations that his cancer was caused by decades of breathing benzene fumes from its oil refinery near his home. In 2011, the man was diagnosed with multiple myeloma. In 2016, he brought suit against the oil com...
The First Circuit held that a pesticide company is not liable for cleaning up PCB-laden caulk installed in a Massachusetts middle school in the 1960s. Before August 1970, the pesticide company sold PCB mixtures to formulators of building materials, who then incorporated them into various end product...
The Ninth Circuit upheld a lower court's dismissal of a tribe's NEPA challenge to a DOI guidance that did not consider its interest when allocating the water rights of the Colorado River. The tribe contended that it was unlawfully excluded from DOI 2001 and 2008 guidances that outlined how water is ...
A California appellate court held that three paint companies will have to reimburse the state for the cost of stripping lead paint from the interior of thousands of houses in San Francisco and nine other cities and counties. The state claimed the companies sold and advertised lead paint for resident...