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Minnesota v. BNSF Railway Co.

The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable under the Minnesota Environmental Response and Liability Act (MERLA). Although n...

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit upheld an EPA rule partially approving and partially disapproving revisions to Texas' SIP concerning civil penalties for excess emissions resulting from startup, shutdown, and malfunction (SSM) activities. Environmental petitioners sought review of EPA's decision to approve a revis...

Robinson Township v. Commonwealth

A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonweal...

Idaho Conservation League v. Atlanta Gold Corp.

A district court ordered a mining company to comply with the CWA by October 31, 2012, and to pay over $2 million in penalties for CWA violations in Montezuma Creek, a tributary of the Middle Fork Boise River near Atlanta, Idaho. Environmental groups filed suit against the company for discharging wa...

Adams v. Wisconsin Livestock Facilities Siting Review Board

The Supreme Court of Wisconsin held that under state law, a town may not impose conditions on a livestock siting permit to protect surface and groundwater. The state legislature has strictly limited the ability of political subdivisions to regulate the livestock facility siting process. The town ove...

W.M. Barr & Co. v. South Coast Air Quality Management Dist.

A California appellate court upheld a local air district rule that requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products. The district issued to rule to satisfy its federal CAA commitments. A pa...