A Texas appellate court vacated a lower court order denying oil refineries' motions to dismiss individuals' personal injury claims stemming from their exposure to allegedly dangerous emissions from the refineries' facilities. Although the individuals recharacterized their allegations as property dam...

A California appellate court affirmed a lower court decision that the California Fish & Game Commission erred in rejecting a petition to add the California tiger salamander to the list of endangered species under the California Endangered Species Act. The administrative record shows the salamander s...

The Federal Circuit affirmed a lower court decision holding that the U.S. government breached lease agreements it entered into with oil companies to explore for and develop oil and gas resources in the outer continental shelf off the California coast and ordering it to pay over $1.1 billion in resti...

A California appellate court affirmed the dismissal of environmental groups' lawsuit against the owners and operators of wind turbine electric generators for killing and injuring raptors and other birds in violation of the public trust doctrine. Wildlife, including birds, is considered to be a publi...

A California appellate court upheld a land use commission's decision to hold a hearing on a developer's application to construct a 43-unit housing project on coastal property. The commission originally granted the developer a permit, but then a resident filed an appeal challenging the validity of th...

The Federal Circuit affirmed in part and remanded in part a lower court's grant of summary judgment in favor of the United States in a water district's breach of contract and takings suit against the government in connection with a water supply project in Ventura County, California. In August 1997, ...

A district court held that the Clean Air Act (CAA) does not preempt a local air district rule that requires developers to reduce nitrogen oxide and particulate matter emissions from their projects or to pay a fee to offset such emissions. The rule is not a standard subject to CAA §209. It neith...

The Ninth Circuit affirmed a lower court's entry of summary judgment in favor of the U.S. government dismissing a property owner's claim that he is entitled to an easement to access his property located within Glacier National Park. The National Park Service (NPS) allowed inholders some degree of mo...

The Indiana Court of Appeals upheld the state's approval of a public utility's petition to construct an integrated gasification combined-cycle electric power plant. A statutory requirement that the state value property that is "used and useful" in determining rate base of a public utility does not c...

A California appellate court held that a county violated the California Environmental Quality Act (CEQA), the county's general plan, and the state water code when it issued a conditional use permit allowing a proposed mining project on preserved agricultural land. The environmental impact report (EI...