The Supreme Court of California held that the state fish and wildlife agency violated the California Environmental Quality Act (CEQA) and the California Fish and Game Code when it approved a large development project in northwest Los Angeles County. The agency prepared an environmental impact report...

In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...

A district court remanded to state court personal injury and property damage claims brought by hundreds of individuals against an oil company in connection with their alleged exposure to contamination from oil field pipe. The case was originally filed in state court in 2002. It was then removed to f...

A Washington court held that the public trust doctrine applies to the protection of the atmosphere, including limits on greenhouse gas (GHG) emissions, but denied minors' petitions for stricter GHG regulations because the state agency has already commenced rulemaking. The court held that the state h...

A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be dismis...

A Washington appellate court upheld an administrative board decision invalidating the Department of Ecology's and a city's threshold determinations for two crude oil terminal development projects under the State Environmental Policy Act (SEPA), but denied environmental groups' claim that additional ...

A North Carolina appellate court upheld the constitutionality of state legislation that withdrew a city's authority to own and operate its public water system and to instead transfer it to a sewer district. The law creates a new type of political subdivision, known as a metropolitan water and sewera...

The Supreme Court of New Hampshire upheld a $236 million jury award against an oil company for groundwater contamination. In 2003, New Hampshire sued several gasoline suppliers, refiners, and chemical manufacturers seeking damages for groundwater contamination allegedly caused by methyl tertiary but...

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. Bu...

The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-state fishers than for residents. For example, California residen...