The Ninth Circuit reversed and remanded a district court decision dismissing a Philippine island's action claiming that an American company polluted its waters. According to the complaint, Placer Dome severely polluted the lands and waters of Marinduque for some 30 years, caused two cataclysmic envi...

The Court of Federal Claims held that a livestock operator was collaterally estopped from litigating the issue of ownership to a right-of-way, thereby defeating its takings claim against the BLM for dismantling a water diversion structure on federal land and preventing the operator's access to the s...

A district court dismissed an Eskimo village's nuisance claim against 24 oil, energy, and utility companies for their alleged contribution to climate change. The village claimed that the companies are responsible for a substantial portion of the greenhouse gas emissions that are contributing to clim...

The Fifth Circuit reversed a lower court decision dismissing Mississippi residents' class action lawsuit against several energy, fossil fuel, and chemical companies for their alleged contribution to climate change. The residents argued that the companies intentionally and unreasonably used their pro...

The Sixth Circuit held that a group of residents lacked standing to challenge the TVA's implementation of a land management plan for a nearby reservoir under NEPA and the Tennessee Valley Authority Act. The residents failed to connect the procedural harm alleged in their complaint—the creation of ...

The court affirmed a lower court's grant of summary judgment in favor of a power company charged with modifying its power plants without first obtaining permits in violation of the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) provisions. The company updated its coal-fired ge...

A court holds that a construction company and an individual lacked standing to challenge a U.S. Army Corps of Engineers' permit allowing a developer to fill waters of the United States in connection with the construction of a mixed-use redevelopment project within the New Jersey Meadowlands in East ...

The court dismisses a petition for review challenging a U.S. Environmental Protection Agency (EPA) rule implementing critical use exemptions for methyl bromide, a pesticide with significant ozone-depleting potential. The petitioner argued that EPA violated consensus decisions of the parties to the M...

The court vacates the U.S. Environmental Protection Agency's equipment replacement provision (ERP) rule, which expanded the routine maintenance, repair, and replacement exclusion from new source review (NSR) requirements by allowing sources to avoid NSR when replacing equipment that does not exceed ...

The D.C. Circuit granted in part environmental groups' petition for review of a final rule promulgated by the U.S. Environmental Protection Agency (EPA) to regulate "hot spot" analyses undertaken as part of the State Implementation Plan for National Ambient Air Quality Standards transportation proje...