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Natural Resources Defense Council v. U.S. Environmental Protection Agency

The Ninth Circuit denied an environmental group's petition challenging EPA's approval of a revision to California's SIP. The revision provided alternative "not less stringent" controls to what is required in CAA §185's antibacksliding measures, which require that major stationary sources of polluti...

California Dump Truck Owners Ass'n v. Nichols

The Ninth Circuit upheld the dismissal of a trucking association's federal preemption challenge to a California environmental regulation on diesel trucks. The regulation requires heavy-duty diesel trucks, whose emissions contribute significantly to particulate matter and ozone pollution, to be upgra...

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility trespassed beneath its property, but the jury returned a verdict in the ...

Commonwealth v. Spangler

A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous Sites Cleanup Act (HSCA). The property became contaminated after a...