Kane County, Utah v. United States
The Tenth Circuit affirmed in part and reversed and remanded in part a lower court decision granting a Utah county rights-of-way over 12 roads that cross federal lands. The county sought to quiet title to 15 roads or road segments under the Quiet Title Act. The county asserted rights-of-way under §...
Parish of Plaquemines v. Total Petrochemical & Refining USA, Inc.
A district court remanded to state court a Louisiana parish's lawsuit against 19 oil and gas companies for alleged environmental damages stemming from the companies' exploration, production, and transportation activities. The parish claims these operations were conducted in violation of the State an...
Cleveland National Forest Foundation v. San Diego Association of Governments
A California appellate court held that the San Diego Association of Governments (SANDAG) failed to adequately consider greenhouse gas emissions impacts in violation of the California Environmental Quality Act (CEQA) during its preparation of its 2050 regional transportation plan. A lower court ruled...
Strategic Environmental Partners, LLC v. New Jersey Department of Environmental Protection
A New Jersey appellate court held that the state environmental agency exceeded its authority when it seized control of a privately owned landfill under an emergency order intended to abate an alleged imminent threat to the environment arising from continued emissions of hydrogen sulfide. The order e...
State v. Wahkiakum County
A Washington State appellate court held that a county ordinance banning the land application of the most common class of biosolids is unconstitutional. The state' s biosolids program was created in 1992 to facilitate and encourage recycling, rather than disposal, of sewage waste, and the state's env...
Alaska v. United States Department of Agriculture
The D.C. Circuit held that Alaska's lawsuit challenging the U.S. Forest Service's roadless rule is not time barred. The Forest Service issued the roadless rule in 2001. In 2005, the Forest Service repealed it, but the rule was reinstated by court order in 2006. In 2011, Alaska filed its lawsuit, whi...