The Eleventh Circuit upheld FWS' denial of petitions to designate critical habitat for the Florida panther under the ESA. Environmental groups claimed that the denial of their petitions was arbitrary and capricious under the APA. But neither the ESA nor the regulations cited by the groups provid...

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of damages relating to the costs of operating a spent fuel pool after t...

A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act. The state's environmental agency filed environmental cleanup suits against nine business entities...

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not fac...