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State v. Louisiana Land & Exploration

The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuan...

Citizens Climate Lobby v. California Air Resources Board

A California court rejected a challenge to the emissions offset component of California's greenhouse gas (GHG) cap-and-trade program promulgated by the California Air Resources Board (CARB) under the Global Warming Solutions Act of 2006. Under the program, all offsets must be additional, meaning tha...

Shell Oil Co. v. United States

The Court of Federal Claims held that the U.S. government need not reimburse oil companies for costs they incurred cleaning up contamination stemming from the production of aviation fuel during World War II. During the 1940s, at the urging of the U.S. government, the companies entered into contracts...

Indian Harbor Insurance Co. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing an insurance company's reimbursement action under the National Defense Authorization Act for cleanup costs associated with the development of property formerly used as a military base. The lower court determined that the com...

Rose Acre Farms, Inc. v. NC Department of Environment & Natural Resources

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct discharges into state waters, but ammonia and other pollutants may ente...

Sierra Club v. Tahoe Regional Planning Agency

A district court, in a 114-page opinion, held that a regional planning agency violated the California Environmental Quality Act when it approved the expansion of a ski resort near Lake Tahoe. The evidence fails to support the agency's finding that a reduced alternative was not economically infeasibl...

Banning Ranch Conservancy v. Newport Beach, City of

A California appellate court affirmed a lower court decision denying a conservation group's petition seeking to vacate a city's certification of an environmental impact report (EIR) for the development of a park. The group argued that the EIR wrongly defined the project to exclude pending residentia...