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Marilley v. Bonham
The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-state fishers than for residents. For example, California residen...
Northeast Ohio Regional Sewer District v. Bath Township
The Supreme Court of Ohio held that a regional sewer district has the authority to create and impose fees for a stormwater management program. The applicable statute authorizes the sewer district to collect, treat, and dispose of "waste water," defined as "any storm water and any water containing se...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court dismissed an environmental group's EPCRA lawsuit against BP for failing to report the release of hazardous substances following the Deepwater Horizon oil spill, holding no such duty existed. EPCRA derives its reporting requirements from CERCLA, which excludes petroleum, including "c...
Peoples Gas Light & Coke Co. v. Beazer East, Inc.
The Seventh Circuit held that a utility may not seek contribution against a corporation for remediation costs the utility incurred at a former coke plant that was operated by the corporation's predecessor more than 90 years ago. In 1920, the utility and the corporation's predecessor entered into a c...
State ex rel. Youngstown v. Mahoning County Board of Elections
The Ohio Supreme Court held that a local election board exceeded its statutory authority when it refused to certify a city's proposed ballot measure that would, among other things, ban hydraulic fracturing within city limits and create a civil cause of action for damages to be brought in the name of...
Smith v. ConocoPhilips Pipe Line Co.
The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak was discovered under the site in the 1960s, and while the leak was repaired, the contamination was neve...
Application of North Dakota Pipeline Co.
A Minnesota appellate court held that the state's public utilities commission will need to prepare an EIS under the Minnesota Environmental Policy Act (MEPA) before it can make a final decision on whether to grant or deny a certificate of need for a large oil pipeline. A pipeline company filed appli...