A district court remanded to state court personal injury and property damage claims brought by hundreds of individuals against an oil company in connection with their alleged exposure to contamination from oil field pipe. The case was originally filed in state court in 2002. It was then removed to f...

A Washington court held that the public trust doctrine applies to the protection of the atmosphere, including limits on greenhouse gas (GHG) emissions, but denied minors' petitions for stricter GHG regulations because the state agency has already commenced rulemaking. The court held that the state h...

A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be dismis...

The Sixth Circuit held that the CAA does not preempt property owners' state common law tort claims against a nearby power plant for allowing ash, dust, and coal combustion by-products to blow onto their properties. The owners brought RCRA and CAA claims against the power plant in addition to their s...

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the district court rejected the distillery's argument that the CAA p...

The D.C. Circuit upheld EPA's designation of Yellowstone County, Montana, and Wayne County, Michigan, as "nonattainment" under the sulfur dioxide (SO2) NAAQS. Two petitioners—an industry association and a steel company—challenged the designations, albeit for different reasons. The industry assoc...