Civil Procedure

The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged…

The Ninth Circuit affirmed two lower court decisions ordering an oil company to produce expert witness documents for use in a foreign proceeding concerning an environmental contamination dispute…

The Sixth Circuit, in an unpublished opinion, denied a wildlife preserve's motion to preliminarily enjoin a mining company from constructing and operating a nickel and copper mine in…

A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit…

The Tenth Circuit affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of an oil pipeline to run from Cushing, Oklahoma, to oil…

The Ninth Circuit, in an unpublished opinion, affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of a railroad extension in…

The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three…

A district court issued an injunction ordering the U.S. Forest Service to prohibit industrial equipment—known as "mega-loads"—headed for the Alberta Sands from being transported along a…

A district court decertified a class of Kentucky residents who filed nuisance claims against a neighboring hog farm. The court previously determined that commonality existed because the residents…

A district court granted environmental groups' motion to intervene in a landowner's lawsuit challenging FWS' critical habitat designation for the dusky gopher frog in portions of…