Eleventh Amendment

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs.…

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an…

The Tenth Circuit affirmed a lower court decision dismissing water districts' and other entities' claims against an Oklahoma agency and the United States in a dispute over water rights…

The Eighth Circuit, in a CWA enforcement action filed by the United States and the state of Missouri against a water district, affirmed a lower court decision denying the state's motion to…

The Fourth Circuit affirmed a lower court decision denying a motion to dismiss environmental groups' National Environmental Policy Act (NEPA) claim against the director of the South Carolina…

The Ninth Circuit upheld the dismissal of state takings claims arising out of a state ban on open-pit mining for gold or silver by the cyanide heap leaching process. The plaintiffs, who prior to…

A district court granted a motion to dismiss Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act, and New Jersey Spill Compensation…

A district court dismissed international shipping entities' lawsuit seeking to invalidate Michigan's Ballast Water Statute, which is aimed to prevent the introduction of aquatic nuisance…

The Ninth Circuit held that California's air pollution control districts are not arms of the state and therefore are not entitled to sovereign immunity under the Eleventh Amendment. To…

The Sixth Circuit upheld the dismissal of a company's takings claim against Kentucky for denying a permit to mine. The company originally filed suit in state court, where it ultimately was…