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Snellback Properties, LLC v. Aetna Dev. Co.

A district court held that a property owner's receipt of a "no further remediation" letter from the state environmental agency does not bar a neighboring company's lawsuit against it under RCRA. Under Illinois law, a no further remediation letter releases the recipient from further responsibilities ...

Guzman v. Monterey, County of

The Supreme Court of California reversed a lower court decision holding that residents of a mobile home park may file suit against the county for failing to direct the park owner to notify the residents about contaminated drinking water. The residents claim that since at least 1995, the drinking wat...

United States v. Sunoco, Inc.

A district court held that under Pennsylvania law, a property owner that agreed to hold the seller harmless for environmental claims does not become a successor to the seller's environmental liabilities. In a settlement agreement between the current and prior owners, the current owner promised to co...

Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee

A Georgia appellate court reversed a lower court decision invalidating a state environmental agency air quality permit allowing an energy company to construct a pulverized coal-fired electric power plant in southern Georgia. The lower court ruled that the permit violated the CAA and the Georgia Air ...

Employers Ins. of Wausau v. Neal Feay Co.

A California appellate court affirmed a lower court decision that an insurer has no duty to defend or indemnify a metal coating company in underlying proceedings filed against it concerning soil and groundwater contamination at the company's metal anodizing facility. The insurance policy excluded co...

Habitat Trust for Wildlife v. Rancho Cucamonga, City of

A California appellate court upheld a lower court decision denying an environmental group's petition seeking to force a city to set aside a resolution determining that the group is not a qualified conservation entity, thereby preventing the group from receiving mitigation lands under the California ...

Anderson v. Badger, Town of

The Supreme Court of South Dakota held that a town had the power to waive the distance requirements set forth in a county ordinance regulating the location of concentrated animal feeding operations (CAFOs). Several residents filed suit challenging the town's power to execute such a waiver. They argu...

Oklahoma v. Tyson Foods, Inc.

A district court dismissed Oklahoma's claims for monetary damages against poultry companies for injury caused to the Illinois River watershed stemming from the their storage and disposal of poultry waste. The state failed to join the Cherokee Nation as a required party. The Cherokee Nation possesses...

Mirant Potomac River, LLC v. EPA

A New Jersey appellate court affirmed a lower court decision holding the seller of industrial property strictly liable under the New Jersey Industrial Site Recovery Act for all cleanup costs and damages stemming from its failure to obtain a "no further action" letter before selling the property to t...

United States v. Northshore Mining Co.

The Eighth Circuit affirmed a lower court decision holding moot certain parts of a 1975 injunction regulating air emissions from a mining company's taconite pellet operation in Silver Bay, Minnesota. The lower court held that since portions of the injunction had been effectively incorporated into st...