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...

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...

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...

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...

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...

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...

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...

A California appellate court upheld a land use commission's decision to hold a hearing on a developer's application to construct a 43-unit housing project on coastal property. The commission originally granted the developer a permit, but then a resident filed an appeal challenging the validity of th...

The Federal Circuit affirmed in part and remanded in part a lower court's grant of summary judgment in favor of the United States in a water district's breach of contract and takings suit against the government in connection with a water supply project in Ventura County, California. In August 1997, ...

A district court held that the Clean Air Act (CAA) does not preempt a local air district rule that requires developers to reduce nitrogen oxide and particulate matter emissions from their projects or to pay a fee to offset such emissions. The rule is not a standard subject to CAA §209. It neith...