The court affirms a lower court decision that under California law, an insurance company need not provide coverage for the costs property owners incurred responding to suspected soil and groundwater pollution. A state agency ordered the property owners to test their property after they were suspecte...

The court holds that the state water control board did not err in ordering a water company to obtain a permit to pump groundwater from two wells near the North Fork Gualala River. The board has permitting jurisdiction over "subterranean streams flowing through known and definite channels." The board...

The court holds that the Nuclear Regulatory Commission (NRC) violated the National Environmental Policy Act (NEPA) by categorically refusing to consider the environmental effects of a potential terrorist attack in connection with its approval of a proposed spent fuel storage installation. The NRC ar...

The court denies a petition for review challenging the U.S. Department of Transportation (DOT) Secretary's decision to grant a license for a liquefied natural gas facility in the Gulf of Mexico. The DOT's environmental impact statement for the project complies with the National Environmental Policy ...

The court holds that while §11.122(b) of the Texas Water Code significantly restricts the issues that may be reviewed in a contested-case proceeding, it does not altogether preclude one when a proposed water rights amendment requests a change in use but does not seek to increase the amount of w...

The court reverses and remands a lower court decision denying petitions brought by members of a federal grand jury empanelled to investigate possible environmental crimes at the Rocky Flats Nuclear Weapons Plant in Colorado. The petitions seek the release of certain documents and the lifting of thei...

The court holds that the sale of an oil and gas working interest, which is subject to an operating agreement, does not release the seller from any further obligations to the operator. Despite selling its working interest, the seller remains liable under the operating agreement unless released by the...

The court upholds an Office of Surface Mining Reclamation and Enforcement (OSM) permit allowing a coal company to mine roughly 1,100 acres in the Cumberland River watershed of northeastern Tennessee. An environmental group argues that the environmental assessment is deficient in failing to consider ...

A court upholds a city's approval of a construction project for a big box retail store. A citizens group argues that the city violated the California Environmental Quality Act (CEQA) by failing to comply with procedural requirements and by failing to include a study of certain adverse impacts and mi...

A court affirms a lower court decision that water districts have an obligation to provide treated water to a town for domestic and other needs but that the cost of treatment may be passed along to the consumer. The water districts' obligation to provide domestic water supply can be found in the lang...