Held not to bar suit

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 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 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 court holds that the Secretary of the Pennsylvania Department of Transportation and the Secretary of the Pennsylvania Department of Environmental Protection violated the Clean Air Act (CAA) by…

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right…

The U.S. Supreme Court holds that a Native American tribe's and U.S. claims to additional water rights from the Colorado River are not precluded by a previous Court decision or by a 1983…

The court holds that the Eleventh Amendment does not bar the U.S. third-party claim against the state of Alaska for equitable apportionment of damages alleged in a Federal Tort Claims Act action…

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the…

The court holds that the Eleventh Amendment does not bar the removal from state to federal court of a power plant's federal and state claims against a state environmental agency. The power…

The court affirms in part and reverses in part a district court decision holding that environmental groups could bring False Claims Act (FCA) claims against contractors at a Superfund site in…