California v. Golden Gate Petroleum Co.
A California court found that three gas station operators failed to comply with requirements for monitoring and maintaining underground storage tanks. During several inspections the defendants were told of their violations concerning the tanks, which included tampering with leak-detection systems an...
Center for Regulatory Reasonableness v. EPA
The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...
Ohio Valley Envtl. Coalition, Inc. v McCarthy
A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...
NRDC v. McCarthy
A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State Water...
Aruba Petroleum, Inc. v. Parr
The Fifth Circuit overturned a $3 million jury award for a nuisance claim against a petroleum company in which a family claimed natural gas extraction caused contamination of their property. The family alleged that the petroleum company's spills, releases, emissions, and discharges of air pollution ...
Thomas v. Exxon Mobil Corp.
A district court refused to remand to state court a case where a plaintiff alleged that exposure to two petroleum companies' benzene-containing products caused him to develop cancer, finding that a party was fraudulently joined to prevent removal. The plaintiff originally sued the petroleum companie...