A California appellate court held that a state agency's certification of an environmental impact report (EIR) and approval of a master plan for the expansion of a state university violated the California Environmental Quality Act (CEQA). In certifying the EIR and approving the project, the agenc...

A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...

A California appellate court reversed and remanded a lower court decision invalidating a settlement agreement between the state and three water and irrigation agencies concerning the intra-state right to water from the Colorado River. In addition to allocating water rights within the state, the sett...

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian mining company that allowed the company to excavate and remove metal-...

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. Although the association has spen...

The Sixth Circuit upheld an individual's conviction for unlawfully discharging industrial wastewater into the Detroit sewer system. The individual, who worked at an industrial waste treatment facility, was sentenced to two 24-month prison terms, to run concurrently, for knowingly violating EPA-a...

A district court held that an oil company is liable for property damages caused by its predecessor-in-interest who conducted oil and gas exploration and production activities on the site under three subleases. Article 128 of the Louisiana Mineral Code provides that a sublessee acquires the rights an...

The D.C. Circuit held that the U.S. Army Corps of Engineers complied with the CWA when it issued a permit authorizing the discharge of dredge and fill material into wetlands outside Tampa, Florida, for the construction of a large shopping center. An environmental group argued that the Corps violated...

A district court denied a sand and gravel company's motion to dismiss environmental and citizen groups' CWA action against it for discharging stormwater associated with industrial activity from one or more point sources at its facility to a river without a NPDES permit. The company argued that the c...