The court reverses and remands a district court decision that landowners who sued oil companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit did not incur response costs in acting to contain a proven release of hazardous substances. The court fist holds th...
The court reverses a district court decision granting summary judgment in favor of two corporations in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation an...
A California appellate court held that a subdivision development project is not exempt from environmental review under the California Environmental Quality Act (CEQA). The county deemed the project exempt from CEQA under the categorical exemption for in-fill development. But the proposed subdivision...
An Indiana appellate court held that the economic loss doctrine does not preclude a property owner from pursuing negligence claims against a company that previously operated a manufacturing site on adjacent property. If a plaintiff is not seeking damages involving the benefit of the bargain or other...
The Florida Supreme Court held that commercial fishermen can recover for economic losses caused by the negligent release of pollutants even if they do not own any property damaged by that pollution. The case arose after waste from a fertilizer company entered a pond, resulting in a loss of underwate...
A California appellate court held that a siting agreement between a county and the state corrections department that identified potential locations for a state prison reentry facility is not subject to environmental review under the California Environmental Quality Act (CEQA). The agreement was not ...
A California appellate court denied a petition challenging a county board's approval of a coastal permit to construct a single-family home within the county's 100-foot riparian corridor setback. The board did not abuse its discretion in approving the permits for the project, allowing the development...
Massachusetts' highest court affirmed a lower court decision upholding a state environmental commissioner' conclusion that a proposed wind farm project complied with the state's Wetlands Protection Act. The project will require certain streams to be bridged using open footed culverts. These culverts...
A Connecticut appellate court upheld a local wetlands commission decision denying a developer's application to construct 221 residential housing units, a golf course, a roadway network, associated structures, and infrastructure improvements on a 934-acre piece of property. The land contains 114.5 ac...
A California appellate court held that environmental groups were not entitled to attorneys fees in an underlying suit challenging the state forestry departments' approval of three timber harvest plans for logging in Tuolumne County. The groups argued that the department had not followed the law in a...