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Sacramento Municipal Utility District v. United States
The Federal Circuit held that the United States must pay a California utility $53,159,863 for DOE's failure to accept and dispose of spent nuclear fuel and high-level radioactive waste. Under a standard contract the utility entered into with DOE pursuant to the Nuclear Waste Policy Act, the utility ...
Kunaknana v. United States Army Corps of Engineers
A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The group's members have not demonstrated the requisite injury in...
Sierra Club v. FutureGen Industrial Alliance
A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA. The project will physically replace an existing boiler with a ...
SPRAWLDEF v. San Francisco Bay Conservation & Development Comm'n
A California appellate court upheld the issuance of a county permit for a landfill expansion project in the Suisun Marsh, part of the San Francisco Bay tidal estuary. Environmental groups claimed that the permit approvals violate the Sonoma County Local Protection Plan and, specifically, a county or...
C&A Carbone, Inc. v. County of Rockland
A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-designated...
Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control
The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill. The ALC denied the permit based on its conclusion that the region already had more landfill capacity th...
Bitler Investments II, LLC v. Marathon Petroleum Co.
The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm filed a breach of contract claim and a waste claim for eight sites ...