Governance

A Pennsylvania appellate court held that an independent contractor hired to test emissions at a beryllium plant had no legal duty to warn third parties about the health risks stemming from those…

A California court issued a tentative ruling that would require the California Air Resources Board to set aside its "functional equivalent document" that evaluates the environmental…

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…

A district court recommended that individuals' request for class certification in a case against TVA for a coal ash spill in Tennessee be denied. On December 22, 2008, one of the coal ash…

A Washington appellate court held that the former owners of contaminated property may be held liable under the state's Model Toxics Control Act (MTCA). Fifteen years after the former…

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes…

A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The…

The Sixth Circuit held that a lower court erred in acquitting defendants convicted for violating the Ports and Waterways Safety Act in connection with a benzene leak from a barge in the…

A district court upheld the OSM's approval of amendments to West Virginia's federally approved SMCRA program that pertain to cumulative hydrologic impact assessments. The amendments…

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…