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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...

Yankee Atomic Electric Co. v. United States

The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S. government for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by contract to begin storing that waste in a permanent and secure reposit...

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...

Town & Country Co-op, Inc. v. Akron Products Co.

A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination. The complaint contains sufficient factual allegations supporting the company's claim that the former owner of the neigh...

State v. City of Spokane Valley

A Washington appellate court held that the developer of 30 residential waterfront lots must seek a permit under the Shoreline Management Act of 1971 prior to building private docks to accompany the new homes. Because the docks would be designed for the private, noncommercial use of the owners of...