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Boeing Co. v. Robinson

A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and criminalizes any sale or disposition of the property until it is cleaned up in accordance with the standards ...

Anglers of the AuSable Inc. v. Department of Environmental Quality

The Michigan Supreme Court held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manifestly unreasonable and that the state agency should be held accou...

In re Chaney Enterprises Ltd.

A Maryland court remanded certain provisions in a general discharge permit for mining operations and concrete plants. Petitioners—the owners of mining companies and concrete manufacturing plants throughout the state of Maryland—correctly argued that the wet weather total suspended solids numeric...

Conservation Law Foundation, Inc. v. Patrick

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive relief. Once a co...

Entergy Nuclear Generation Co. v. Department of Environmental Protection

Massachusetts' highest court vacated a nuclear power company's action seeking a judgment declaring that state regulations governing cooling water intake structures (CWIS) exceeded the state environmental agency's authority under the commonwealth's Clean Waters Act. A lower court ruled that the ...

Anglers of the AuSable, Inc. v. Department of Environmental Quality

The Michigan Supreme Court vacated its previous decision at 41 ELR 20056 in which it held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manife...

Newton-Enloe v. Horton

A California appellate court reversed a lower court decision dismissing petitioners' action to compel the state health department to prepare and submit a safe drinking water plan to the state legislature as required by state law. The department argued before the trial court that the statutory m...

Wollmer v. City of Berkeley

A California appellate court held that a city did not violate the California Environmental Quality Act (CEQA) when it approved an affordable housing project. In approving the project, the city concluded that the project satisfied the categorical exemption for in-fill development projects. Altho...

Santa Monica Baykeeper v. City of Malibu

A California appellate court upheld the dismissal of a petition challenging a city's environmental impact report (EIR) for and approval of a park project. An environmental group argued that the EIR failed to adequately analyze construction-related water quality impacts, the impact of using trea...

Abnet v. Coca-Cola Co.

A district court granted in part a bottling company's motion to dismiss individuals' tort and state law claims against it for groundwater contamination. The individuals alleged that the company violated the terms of their wastewater discharge permit by spraying excess wastewater over a sustaine...