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Friends of Back Bay v. United States Army Corps of Engineers
The Fourth Circuit held that the U.S. Army Corps of Engineer violated NEPA when it issued a CWA §404 permit allowing a developer to build a mooring facility and boat ramp 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach, Virginia. The Corps' EA, issued contemporaneously w...
Pennsylvania v. Lockheed Martin Corp.
The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...
New York v. Nuclear Regulatory Commission
The D.C. Circuit vacated NRC rulemakings concerning the temporary storage and permanent disposal of spent nuclear fuel. Four states, an Indian community, and a number of environmental groups filed a petition for review challenging NRC's "waste confidence decision" (WCD), which, among other thing...
Kaahumanu v. Hawaii
The Ninth Circuit upheld the constitutionality of Hawaii's regulation of commercial weddings on the state's unencumbered beaches in all respects but one. A pastor and wedding planning companies filed suit against the state's Department of Land and Natural Resources (DLNR) alleging that its permit re...
Department of Environmental Quality v. Worth Township
The Michigan Supreme Court held that under the state's Natural Resources and Environmental Protection Act (NREPA), a municipality can be held responsible for, and required to prevent, a discharge of raw sewage that originates within its borders, even when the raw sewage is discharged by a privat...
Malibu, City of v. California Coastal Comm'n
A California appellate court held that the California Coastal Commission exceeded its jurisdiction when it approved amendments to a city's certified local coastal program at the request of state agencies and over the objection of the city. The proposed amendments would override the city's local land...
Berish v. Southwester Energy Production Co.
A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes. During the course of discovery, the residents learned that the proposed defendants participated in t...