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New York v. General Electric Co.

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the company's counterclaims because the state has neither consented ...

American Fuel & Petrochemical Manufacturers v. O'Keeffe

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. Bu...

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...

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...

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...