NL Indus., Inc. v. State
The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on state-owned land. In 2007, the state environmental department detect...
Neodesha, City of v. BP Corp. N. Am. Inc.
A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and other volatile organic compounds to accumulate at its propertie...
Wayne Land and Mineral Group, LLC v. Delaware River Basin Comm'n
A district court upheld the Delaware River Basin Commission's fracking ban against a challenge from a energy company. Upon the Commission's creation, it was codified that no project that had a substantial effect on the water resources of the basin would be undertaken without the Commission's approva...
Martinez v. Colorado Oil and Gas Conservation Comm'n
The Colorado Court of Appeals ruled against the state Oil and Gas Commission's narrow interpretation of its authority to readjust the balance of state oil and gas conservation regulations between the development of oil and gas resources and protection of public health, safety, and welfare. In Novemb...