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Shammel v. Canyon Resources Corp.

The Montana Supreme Court held that where adequate alternative remedies exist under the common law or statute, the right to a clean and healthful environment under the Montana Constitution does not authorize a distinct cause of action in tort for money damages between two private parties. Downstream...

United States v. Nevada

A district court denied the U.S. Department of Energy's (DOE's) motion to preliminarily enjoin Nevada from interfering with DOE's use of water for bore hole drilling so that it may proceed with development and operation of the national nuclear waste repository at Yucca Mountain. Despite an earlier s...

Louisiana Envtl. Action Network v. McDaniel

A district court dismissed environmental groups' claims that emergency orders issued by the state of Louisiana following Hurricanes Katrina and Rita conflict with and/or are preempted by the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA). The or...

Aerojet-General Corp. v. Commercial Union

The court holds that sums agreed to be paid as a settlement of litigation are not subject to indemnification as "damages" under excess liability insurance policies. The case arose after a rocket and missile manufacturer sued for breach of contract and declaratory relief against its excess liability ...

St. John's United Church of Christ v. Chicago, City of

The court upholds the denial of a church's motion for a preliminary restraining order to prevent the relocation of a cemetery in conjunction with plans to renovate Chicago's O'Hare International Airport. Eminent domain does not constitute a "land use" regulation subject to the Religious Land Use and...

Miller v. Highland County

The court upholds a county's decision approving the construction of 20 wind turbines about 400 feet in height, a height that exceeds the maximum height permitted by the zoning ordinance, as well as an electric generation substation on property that is located in an agricultural zoning district. Two ...

Lincoln Place Tenants Ass'n v. Los Angeles, City of

A California appellate court reversed a lower court decision denying residents' petitions to compel a city to enforce mitigation measures imposed under the California Environmental Quality Act (CEQA) in connection with the redevelopment of an apartment complex. The California Ellis Act, concerning r...

Santa Clarita Org. for Planning the Env't v. Los Angeles, County of

A California appellate court upheld the water services portion of a county's environmental impact report (EIR) for a residential and commercial development project north of Los Angeles. In a prior case, the court remanded the EIR because it relied on water entitlements instead of actual water in ana...

Guzman v. Monterey, County of

A California appellate court held that provisions of the California Safe Drinking Water Act impose upon a county a mandatory duty under Cal. Gov. Code §815.6 to review and respond to water quality monitoring reports submitted by water systems for which the county is responsible. The case involv...

State v. Bulk Petroleum Corp.

A Michigan appellate court upheld a lower court's imposition of over $2.5 million in penalties against the owners of a gas station for failing to comply with certain orders and statutory requirements in remediating contamination due to leaking underground storage tanks at the site. The trial court a...