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Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd.

Massachusetts' highest court upheld a Massachusetts Energy Facilities Siting Board decision approving a power company's petition to build and operate two electric transmission lines to connect a proposed offshore wind-powered energy generating facility to the regional electric power grid. The power ...

Association of Am. RRs. v. South Coast Air Quality Management

The Ninth Circuit held that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts three local government agency rules aimed at limiting air pollution from idling trains. The rules have not become a part of California's EPA-approved SIP and, thus, do not have the force and effec...

Wilcox v. Homestake Mining Co.

The Tenth Circuit affirmed a lower court decision dismissing individuals' Price Anderson Act lawsuit against a mining company for injuries allegedly caused by their exposure to radiation from the company's uranium mill in New Mexico. The district court correctly granted summary judgment to the minin...

Waco, City of v. Texas Comm'n on Envtl. Quality

A Texas appellate court affirmed the Texas Commission on Environmental Quality's denial of a city's hearing request concerning a dairy's application for a major amendment to its concentrated animal feed operation permit. The amendment would allow the dairy to expand its dairy head capacity, increase...

Tomlinson v. Alameda, County of

A California appellate court reversed and remanded a lower court decision that a proposed development project approved by a county was categorically exempt from environmental review under the California Environmental Quality Act (CEQA). The county determined that the categorical exemption for in-fil...

IFMC Corp. v. American Cyanamid

A district court held that the state of New Jersey waived its right to pursue natural resource damages in its lawsuit against a company concerning groundwater contamination on property located in Franklin Township, New Jersey. The state issued a memorandum in 2001 and wrote a letter in 2003 stating ...

State v. Avery-Hall Corp.

The court holds that a trial court properly dismissed a property owner's third-party complaint against an oil company for reimbursement of any cleanup costs the owner was required to pay to the state of New York in connection with gasoline contamination at the property. The oil company's predecessor...

Marlys Bear Medicine v. United States

The court reverses a district court decision that descendants of a Native American who was fatally injured on a logging site on a Native American reservation in Montana failed to state a cause of action under state law against the United States and that the Federal Tort Claims Act's (FTCA's) discret...

Central Pines Land Co. v. United States

The court upholds a district court decision that Louisiana Act 315 of 1940 cannot be applied retroactively to mineral servitudes created prior to the Act but can be applied prospectively to post-1940 transfers. In 1929, a mineral servitude was created for two parcels of land in Louisiana. Between 19...

Aerojet-General Corp. v. American Excess Ins. Co.

The court holds that res judicata bars a manufacturer's declaratory relief action seeking a declaration that insurers must indemnify the manufacturer for claims brought against it for harm caused by the discharge of chemicals to groundwater at a California site. In a prior action, a court held that ...