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Genon Mid-Atlantic, LLC v. Montgomery County, Maryland

The Fourth Circuit held that the Tax Injunction Act does not bar the owner of a power plant from challenging an excise tax on carbon dioxide emissions. A lower court ruled that it lacked jurisdiction under the Tax Injunction Act because the carbon charge was a tax. But of all the carbon dioxide...

American Bottom Conservancy v. U.S. Army Corps of Engineers

The Seventh Circuit held that an environmental group has standing to challenge a U.S. Army Corps of Engineers permit allowing 18.4 acres of wetlands in a state park to be destroyed to make way for a landfill. A lower court held that the group lacked standing and therefore dismissed the case. It...

American Electric Power Co. v. Connecticut

The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants. A group of states, private land trusts, and a city a filed suit against four power companies and the TVA claiming that their e...

Chamber of Commerce v. Brown,

A California appellate court held that the Office of Environmental Health Hazard Assessment (OEHHA) may add chemicals to California's Proposition 65 list using the methodology set forth in Cal. Health & Safety Code §25249.8(a). Proposition 65 requires the government to publish a list of ch...

Center for Sierra Nevada Conservation v. United States Forest Service,

A district court held that the U.S. Forest Service's Public Wheeled Motorized Travel Management Decision for the Eldorado National Forest violated the ESA and the National Forest Management Act. The decision designates specific roads and trails within the forest as open to public motor vehicle ...

Sears, Roebuck & Co. v. Williams Express, Inc.

A district court denied a defendant company's motion to dismiss a distribution center's claim for injunctive relief and damages under various causes of action based on environmental contamination on property managed by the defendant. Specifically, the plaintiff alleged that the company is not meetin...

United States v. Reuland Electric Co.

A district court held that a consent decree settling an electric company's CERCLA liability with EPA and granting it contribution protection against additional CERCLA liability at an industrial site does not provide the company with contribution protection from a defense company's action seeking dam...

Natural Resources Defense Council v. Jackson

The Seventh Circuit denied environmental groups' petitions challenging EPA's approval of revisions to Wisconsin's new source review program. In 2002, EPA changed the rules that determine when polluters need permits in order to modify existing facilities—and, if they need permits, what restrictions...

House of Clean, Inc. v. St. Paul Fire and Marine Insurance Co.

A district court held that an insurer has no duty to defend or indemnify a dry cleaner for PCE pollution stemming from repeated flooding under the terms of its insurance policy. The policy contained a pollution exclusion clause, and the dry cleaner argued that the exception for sudden and accid...

Performance Coal Co. v. Federal Mine Safety & Review Commission

The D.C. Circuit set aside an order of the Federal Mine Safety and Health Review Commission denying a mining company's application for temporary relief from restrictions that the Mine Safety and Health Administration imposed on it in conjunction with its investigation of an explosion at one of its m...