A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...
The Ninth Circuit upheld the dismissal of a citizen group's lawsuit seeking to compel BLM to prohibit off-road vehicle use in Oregon's Little Canyon Mountain area. BLM did not make a finding that the off-road vehicle use complained of by the group had caused "considerable adverse effects" that would...
Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP), a regulatory invention of the Coastal Zone Management Act. Notably, the Rhode Island O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and fedeal jurisdiction, as well as within the state's territorial sea, posing a challenge to the boundaries of offshore federalism.