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Indiana Farm Bureau Insurance Co. v. Harleysville Insurance Co.
An Indiana appellate court reversed and remanded a lower court decision that an insurer need not defend and indemnify a service station owner in underlying state administrative proceedings concerning the environmental remediation of the site. The insurer argued that because the loss occurred pri...
No Wetlands Landfill Expansion v. County of Marin
A California appellate court reversed a lower court decision directing a county board to hear an administrative appeal of an environmental impact report (EIR) and permit for a landfill expansion project. A local environmental enforcement agency issued the permit after considering and certifying ...
Applewood Properties, LLC v. New South Properties, LLC
A North Carolina appellate court held that the state's Sedimentation Pollution Control Act (SPCA) does not apply if there was no deposition of sediment to water. The owner of a golf course claimed that a construction company was liable under the SPCA for damages stemming from land-disturbing act...
Northwest Environmental Advocates v. United States Environmental Protection Agency
A district court held that EPA violated the CWA when it failed to review Oregon's nonpoint source rules. The nonpoint source provisions create exemptions for many sources of pollution in Oregon's waters, including agriculture, forestry, and grazing. EPA claimed that the regulations at issue were...
San Luis & Delta-Mendota Water Authority v. United States
The Ninth Circuit affirmed a lower court decision granting summary judgment in favor of the U.S. government on claims challenging the DOI's accounting of approximately 9,000 acre feet of water released between June 17 and 24, 2004, from two reservoirs within California's Central Valley Project (...
Klamath Irrigation District v. United States
The Federal Circuit vacated and remanded a lower court decision dismissing breach of contract, takings, and Klamath River Basin Compact claims brought against the U.S. government by agricultural landowners and water, drainage, and irrigation districts in Oregon and California. The plaintiffs...
Ohio River Valley Environmental Coalition, Inc. v. Salazar
A district court upheld the OSM's approval of amendments to West Virginia's federally approved SMCRA program that pertain to cumulative hydrologic impact assessments. The amendments delete the program's definition of “cumulative impact” and add a definition for “material damage to the ...