In 1988, BNSF Railway and Union Pacific Railroad sold their interest in a parcel of land in Stockton, California, to the city’s redevelopment agency. That agency then sold a portion to a commercial developer who discovered that the soil and groundwater had long been contaminated. Officials determined that (1) a nearby petroleum facility was source [...]
Archive for the ‘Environmental Law’ Category
Ninth Circuit explains that passive causation is insufficient to create liability under nuisance laws.
Posted in Environmental Law, Torts, tagged but-for causation, nuisance on June 29, 2011 | Leave a Comment »
Ninth Circuit holds that California’s air-quality rules for ships near its ports are not pre-empted by the Submerged Lands Act.
Posted in Constitutional Law, Environmental Law, tagged air-quality rules, preemption, Submerged Lands Act on March 29, 2011 | Leave a Comment »
In 2009, the Pacific Merchant Shipping Association (“PMSA”) sued the head of the California Air Resources Board over the state’s Vessel Fuel Rules, which require ships to use cleaner fuels within 24 miles of the coast as they move through the state’s busy ports. The PMSA argued that the regulations were pre-empted by the federal [...]
Fifth Circuit finds that rail line is less environmentally disruptive than a highway.
Posted in Environmental Law, tagged environment, wildlife on April 8, 2010 | Leave a Comment »
The Medina County Environmental Action Association sought review of a decision by the Surface Transportation Board and the Fish and Wildlife Service allowing a rail line for a limestone quarry in Texas. Environmentalists worried about the endangered golden-cheeked warbler and invertebrates living in karst limestone formations. The transportation board granted Vulcan Construction Materials permission to [...]
Fifth Circuit allows property owners to sue over pollution that elevated sea levels and worsened effects of Hurricane Katrina.
Posted in Constitutional Law, Environmental Law, Torts, tagged public nuisance, separation of powers on October 20, 2009 | Leave a Comment »
Following the Second Circuit decision in Connecticut v. AEP–which reinstated federal public nuisance claims of eight states, New York City, and three land trusts against six power companies over carbon dioxide emissions—the Fifth Circuit rejected a lower court’s findings that global-warming disputes are best resolved by the political branches of government. Instead, the court held [...]
Nevada Supreme Court strikes criminal portions of clean air act as being impermissibly vague.
Posted in Constitutional Law, Criminal Law, Environmental Law, tagged clean air act, vagueness on September 29, 2009 | Leave a Comment »
The Nevada Clean Indoor Air Act, a voter-approved ban passed in 2006, prohibits smoking in schools and workplaces, but makes exceptions for bars, casinos and strip clubs. The Nevada Tavern Owners Association, Terrible’s Hotel and Casino, and Three Angry Wives Pub challenged the criminal portion of the Act, claiming it was vague to be enforced. [...]
Eighth Circuit rejects continuing violation doctrine for claims under the Boundary Waters Canoe Area Wilderness Act.
Posted in Environmental Law, Practice & Procedure on March 6, 2009 | 3 Comments »
Izaak Walton League of Am., Inc. v. Kimbell, Nos. 07-3689/07-3696/08-1167. Congress enacted the Boundary Waters Canoe Area Wilderness Act (“the Act”) in 1978 to protect, enhance, and preserve the natural value of lakes, waterways, and associated forested areas. Under the Act, the United States Forestry Service regulates the use of motorboats and snowmobiles in these [...]
Supreme Court holds that environmentalists do not have standing to challenge sale of salvaged timber by the U.S. Forest Service.
Posted in Environmental Law, Practice & Procedure on March 4, 2009 | Leave a Comment »
After a section of the Sequoia National Forest in California was burned, the U.S. Forest Service allowed a group to salvage timber from the area. This project was known as The Burnt Ridge Project. Environmental organizations brought suit challenging the authority of the U.S. Forest Service for salvaged timber sales. The lawsuit finally reached the [...]
HPI Products violated federal and state environmental laws according to a district court in Missouri.
Posted in Environmental Law on December 24, 2008 | Leave a Comment »
The court held that HPI Products failed to comply with the Clean Water Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right to Know Act, and Missouri environmental laws. See the full story here.
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
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