The court held that a lower court improperly ordered the state wetlands commission to issue an inland wetlands permit to a developer. Although the record lacks substantial evidence to support the commission's denial of the developer's application, approving the application is not, as a matter of law...

The court, in a matter of first impression, held that an entity may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act) for damages for the "loss of use" of natural resources adversely affected by its discharge of hazardous substances. The case arose after the stat...

A Minnesota appellate court held that an insurance company had no duty to defend or indemnify a pig owner in an underlying lawsuit brought by his neighbor claiming injury and damage from manure odors. The neighbor's complaint fell squarely within the insurance policy's pollution exclusion, which onl...

The court held that under Texas law, recent legislative enactments waive, with certain limitations, immunity from suit for contract claims against local government entities. Hence, the court reversed and remanded lower court decisions denying a city's plea to jurisdiction in a case involving dispute...

The court held that the lower court erred in granting a petition to annul a city's determination denying a church a full exemption from water and sewer charges. The lower court granted the petition without first affording the city an opportunity to answer. Accordingly, the case was remanded for furt...

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm. Here, the mechanic's expert testified that brake mechanics cou...

The Supreme Court of New Jersey held that the New Jersey Constitution authorizes government redevelopment of "blighted areas" only. The case arose after a town classified a 63-acre parcel of largely vacant wetlands as "not fully productive." This classification rendered it "in need of redevelopment"...

A district court held that National Oceanic and Atmospheric Administration-Fisheries (NOAA-Fisheries) did not violate the National Environmental Policy Act (NEPA) when it chose not to prepare an environmental impact statement (EIS) or environmental assessment for its Hatchery Listing Policy (HLP) fo...

The court vacated a lower court decision in favor of the U.S. government in their suit seeking to enjoin enforcement of a Massachusetts law designed to reduce the risk of maritime oil spills and to ensure that adequate resources are available to remedy such spills. The U.S. government filed suit aga...

The Supreme Court of California held that an airport land use commission's adoption of a land use compatibility plan was exempt from environmental review under the California Environmental Quality Act (CEQA). CEQA exempts from further environmental review projects that have no potential to cause a s...