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Firebaugh Canal Water District v. United States
The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be ordered to provide the necessary drainage or, alternatively, to p...
Ecological Rights Foundation v. Pacific Gas & Electric Co.
The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The group failed to state a claim under the CWA because discharges of...
PCS Nitrogen Inc. v. Ashley II of Charleston LLC
The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, the current owner of a portion of the site brou...
Ladd v. United States
The Federal Circuit reversed the dismissal of landowners "rails to trails" takings claims against the government. The landowners alleged that the government's issuance of a Notice of Interim Trail Use or Abandonment (NITU) in 2006 constituted a compensable Fifth Amendment taking because it operated ...
Paskar v. United States Department of Transportation
The Second Circuit dismissed a petition for review challenging an FAA letter endorsing a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on safe airport operations at New York's LaGuardia Airport. The expert panel found that New ...
Center for Biological Diversity v. Bureau of Land Management
A district court held that BLM violated NEPA when it sold four oil and gas leases on approximately 2,700 acres of federal land in Monterey and Fresno counties without considering impacts from hydraulic fracturing. The leases are located in California's Monterey Shale Formation, which is estimated to...
Learjet, Inc. v. Oneok, Inc.
The Ninth Circuit reversed in part and affirmed in part lower court orders in cases arising out of the energy crisis of 2000-2002 that were consolidated into a multidistrict litigation proceeding. Plaintiffs—retail buyers of natural gas—alleged that defendants—natural gas traders—manipulated...