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Abstention Doctrine
August 2004: Eleventh Circuit Affirms Stay of Federal Water Pollution Case because of Parallel State Court Action Moorer v. Demopolis Waterworks and Sewer Board, ___ F.3d ___ 03-16378 (11th Cir. June 14, 2004)
Administrative Record on Appeal
February 2006: Fourth District Court Affirms Rule that Petitioners Bear Cost of Preparing Record in Writ of Mandate Proceeding Black Historical Society v. City of San Diego, et al 134 Cal.App.4th 1376 (4th Dist. 2005)
August/September 2003: Fifth District Sets Aside EIR Because of County’s Failure to Include Sufficient Findings to Support Certification in Administrative Record Protect Our Water v. County of Merced, unpublished opinion Case No. F041200 (5th Dist. July 9, 2003).
Alternative Dispute Resolution Process
November 2002: Managing Water Shortages in a Changing West
Appeals
July 2009: City of Fairbanks Seeks Supreme Court Review of Ninth Circuit’s Decision Regarding the ‘Finality’ of Clean Water Act Jurisdictional Determinations
November 2007: New Mexico District Court Orders De Novo Appeal in Northern New Mexico Acequia Lawsuits Challenging Acequias’ Authority to Deny Water Transfers Peña Blanca Partnership v. San Jose de Hernandez Community Ditch and Cook v. La Acequia del Gavilan (N.M. 1st Dist. Oct. 10, 2007)
June 2007: California Water Rights Fees: Petitions for Review Granted by the California Supreme Court California Farm Bureau Federation, et al. v. State Water Resources Control Board, et al. S150518 filed April 11, 2007, California Supreme Court
April 2007: Sixth Circuit Denies Post Cooper Industries Relief under Federal Rule 60(b)(6)—Emphasizing the Need to Preserve All Appellate Arguments Gencorp, Inc. v. Olin Corporation, ___F.3d___ 05-4439 (6th Cir. Feb. 12, 2007)
November 2006: Third Circuit Rejects Appeal of CERCLA Contribution Claim as Premature because Dismissal Order Was Not a ‘Final Decision’ Morton Int’l. Inc. v. A.E. Stanley Mfg. Co., ___F.3d ___ 04-3936 (3rd. Cir. Aug. 18, 2006)
April 2006: United States Supreme Court Hears Oral Arguments on Reach of Feds over Wetlands—Carabell v. U.S. Army Corps of Engineers; Rapanos v. United States
April 2006: U.S. Supreme Court Hears Argument on the Regulation of Dams Under Clean Water Act S.D. Warren Company v. Maine Dept. of Environmental Protection, S.Ct 04-1527
April 2006: It All Depends on What the Definition of the Word ‘Tributary’ Is—Supreme Court Hears Major Environmental Cases
June 2005: Seventh Circuit Finds that a Judgment Requiring Approval of a Proposed Restoration Plan under the Clean Water Act Is Not a ‘Final Decision’ United States of America v. Heinrich, ___F.3d___ 03-4178; 04-1696 (7th Cir. March 29, 2005).
May 2005: California Supreme Court Declines to Hear Delta Wetlands Case Central Delta Water Agency v. State Water Resources Control Board 124 Cal.App.4th 245 (3rd Dist. 2004), petition for review denied, March 16, 2005
August 2004: California Supreme Court Grants Review of Case Upholding Water Board Authority to Regulate Effects of Timber Harvesting Pacific Lumber Co. v. California State Water Resources Control Board, 116 Cal.App.4th 1232 (2004),Rev. Granted, Cal Supreme Ct. S124464 (June 16, 2004)
August 2004: California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations Congregation Etz Chaim v. City of Los Angeles, ___F.3d___ 02-56487 (9th Cir. June 16, 2004)
August 2004: California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations Big Creek Lumber v. County of Santa Cruz 115 Cal.App.4th 952 (6th Dist. 2004)
April 2004: Arizona Supreme Court Accepts Arizona Water Company v. ADWR for Review; Special Master Denies Summary Judgment in Arizona v. California Arizona Water Company v. ADWR; Arizona v. California, Case No. CV-03- 0321-PR, review granted (Az.); 530 US 392 (2003) on remand to Special Master.
April 2004: California Supreme Court Decertifies Friends of the Kangaroo Rat v. Department of Corrections Friends of the Kangaroo Rat v. Department of Corrections ___Cal.4th___, 4 Cal.Rptr.3d 558 (Cal. 2004).
July 2003: California Coastal Commission's Administrative Appellate Jurisdiction Expires if No "Substantial Issue" Hearing Is Held within the 49-Day Statutory Time Limit Encinitas Country Day School Inc. v. California Coastal Com., 108 Cal.App.4th 575 (4th Dist. 2003)
Attorney Client Privilege
August 2009: Third District Finds Lead Agency Disclosure of Privileged Documents to Real Parties in Interest Not a Waiver of Attorney-Client Privilege California Oak Foundation v. County of Tehama, ___Cal.App.4th___ C057578 (3rd Dist. June 11, 2009).
April 2008: aaa aaa aaa
December 2005: Crime & Punishment–Whither the Attorney-Client Privilege?
Attorneys Fees
August 2009: Third District Holds Government Code Limiting Attorney’s Fee Awards to the Amount Incurred by the County, Applies Only to Fees Authorized by County Ordinance County of Sacramento v. Sandison, ___Cal.App.4th___ C058396 (3rd Dist. May 29, 2009).
January 2009: Sixth District Court Upholds Attorney’s Fee Award in Action Brought Pursuant to California Public Records Act Bernardi, et al. v. County of Monterey, ___Cal. App.4th___ M73763 (6th Dist. Sep. 30, 2008)
December 2008: Fifth District Court Reaffirms Attorney’s Fee Recovery for Violation of Brown Act and Public Records Act Galbiso v. Orosi Public Utility District, ___Cal.App.4th___ F053236 (5th Dist. Oct. 23, 2008)
May 2008: Third District Court Holds Private Attorney General Fees Are Available to Private Parties even When Public Entities Achieved Substantially Similar Result in Litigation State Water Resources Control Board Cases, ___Cal.App.4th___ C055104 (3rd Dist. Mar. 26, 2008)
May 2008: Third District Court Overturns Attorneys’ Fees Award against the California Coastal Commission Marine Forests Society v. California Coastal Commission 160 Cal.App.4th 867 (3rd Dist. Mar. 4, 2008)
February 2008: Fourth Circuit Affirms Catalyst Theory’s Applicability to Non-Prevailing Party Fee-Shifting Provision Ohio River Valley Environmental Coalition v. Green Valley Coal Company, ___F.3d___ 06-1475, 4th Cir. Dec. 19, 2007)
February 2008: The Price of Precedent—Idaho Ranchers Assessed $1.5 Million in Fight with BLM over Stockwater Rights on Federal Lands Joyce Livestock Co. v. U.S. L.U. Ranching (Idaho 2007)
January 2008: Second District Court Remands Award of Attorneys’ Fees to Condemnees in Redevelopment Agency Eminent Domain Suit Redevelopment Agency of the City of Long Beach v. Morales, ___Cal.App.4th___ BC 326364 (2nd Dist. Nov. 28, 2007)
December 2007: Second District Court Rules Real Party In Interest May Be Liable for Attorneys’ Fees as an ‘Opposing Party’ under Private Attorney General Doctrine Mejia v. City of Los Angeles et al. 156 Cal.App.4th 151 (2nd Dist. 2007)
October 2007: Pennsylvania Supreme Court finds Attorney Fees Shifting Permissible in Favor of Non-Prevailing Party in Action Challenging Clean Water Act Permit Solebury Township v. Pennsylvania Department of Environmental Protection 928 A.2D 990 (PA. Aug. 20, 2007)
June 2007: Sixth District Finds Attorney’s Fees Unavailable to City in Action for Abatement of Public Nuisance and Violations of Municipal Code City of Monte Sereno v. Padgett, ___Cal.App.4th___ HO29631 (6th Dist. April 23, 2007)
May 2007: Third District Holds Attorney General Cannot Recover Attorneys’ Fees under the Private Attorney General Doctrine when Acting on Behalf of California People ex rel. Brown v. Tehama County Board of Supervisors 148 Cal.App.4th 790 (3rd Dist. 2007)
February 2007: Third District Court Affirms Attorneys’ Fees Award Against State Agencies which Attempted to Convert Farmland under Williamson Act Contract into Wildlife Habitat County of Colusa v. California Wild Life Board et al. 145 Cal.App.4th 637 (3rd Dist. 2006)
April 2006: First District Finds Property Owner Is Not Entitled to Attorney Fees where the Award Would Discourage Local Enforcement Agencies from Protecting the Public’s Interest City and County of San Francisco, et al. v. Ballard 136 Cal.App.4th 381(1st Dist. 2006)
November 2005: Fourth District Holds Real Parties to Election Dispute Conferred a Significant Voter Benefit—May Recover Attorney’s Fees Wal-Mart Real Estate Business Trust v. City Council of the City of San Marcos 132 Cal.App.4th, 614 (4th Dist. 2005)
October 2005: District Court Holds Sierra Club May Recover Its Fees Using the “Catalyst Theory” under the Clean Water Act United States v. Board of County Commissioners Of Hamilton County, ___F.Supp.2d___ 1:02-CV-00107 (S.D. Ohio Aug. 23, 2005)
October 2005: First and Fourth Districts Reach Different Results on Private Attorney General Fee Awards where Petitioners Achieve Limited CEQA Claims Success Bowman v. City of Berkeley 131 Cal.App.4th 173 (1st Dist. 2005)
September 2005: Fifth Circuit Looks to Parties’ Agreement to Deny a Company’s Claims against Its Subsidiary for Attorney’s Fees Generated in CERCLA/RCRA Actions Honeywell International, Inc. v. Phillips Petroleum Co., ___F.3d___ 04-20589 (5th Cir. June 30, 2005)
August 2005: Fifth District Court Orders Merced County to Pay Petitioner’s Attorney’s Fees in CEQA Case Protect Our Water et al. v. County of Merced, ___Cal. App.4th___ F044896, unpub. opinion (5th Dist. May 25, 2005)
July 2005: Court of Appeal Confirms Attorneys Fee Award for Initiating Action that Lead to Positive Impact on Public Interest Protect Our Water v. County of Merced, ___Cal. App.4th___ F044896, unpub. op. (5th Dist. May 25, 2005)
February 2005: Commonwealth Court of Pennsylvania Awards Attorney’s Fees under the Pennsylvania Clean Streams Law. Solebury Township v. Penn. Department of Environmental Protection, Case Nos. 824 C.D. 2004, 881 C.D. 2004 (Penn. Comm. Ct. Dec. 8, 2004).
November 2004: Ninth Circuit Finds Association of California Water Agencies Is Entitled to Attorneys’ Fees after Related ESA Litigation Renders ACWA’s Suit Moot Association of California Water Agencies v. Evans, ___F.3d___ 03-15380 (9th Cir. Sep. 24, 2004)
February 2004: Eighth Circuit Reverses District Court’s Award of Attorneys’ Fees to Plaintiff in Clean Water Act Case Sierra Club v. City of Little Rock, ___F.3d___, Case No. 03-1160, (8th Cir. Dec. 12, 2003).
October 2003: Colorado Supreme Court Reverses Award of Attorney Fees in Voluntary Dismissal of Water Right Applications When Dismissal Was With Prejudice Groundwater Appropriators of the South Platte River Basin, Inc. v. The City of Boulder 73 P.3d 22 (Colo. 2003).
April 2003: Assembly Bill 2292: Losing Local Control over Growth
December 2002: Eleventh Circuit Affirms "Catalyst" Doctrine in Affirming Award of Attorneys' Fees under Federal Environmental Statutes Loggerhead Turtle v. the County Council of Volusia County, Florida, 307 F.3d 1318 (11th Cir. Sept. 30, 2002)
November 2002: District Court Denies Attorney's Fees against Defendant Who Failed to Oppose Motion for Summary Judgment General Electric Company v. Berkshire Gas Company ___F.Supp. 2d___, Case No. 00-30164-MAP (D. Mass. Aug. 9, 2002)
Bad Faith
July 2005: Second District Court Finds Bad Faith Trumps Claim of Vested Right to Operate Medical Laboratory Specializing in Autopsies Autopsy/Post Services, Inc. v. City of Los Angeles, ___ Cal.App.4th ___ (2nd Dist. May 17, 2005)
Bills of Attainder
January 2003: Ninth Circuit Rejects Claim that Statute Excluding Exxon Valdez Tanker from Prince William Sound Unconstitutional SeaRiver Maritime v. Mineta, 309 F.3d 662 (9th Cir. Oct. 31, 2002).
Burden of Proof
March 2006: Fourth District Finds Trial Court Erroneously Prevented Jury from Considering Claim of Severance Damages in Action for Eminent Domain Metropolitan Water District of Southern California v. Campus Crusade for Christ 135 Cal.App.4th 568 (4th Dist. 2006)
October 2005: Utah Supreme Court Alters Long-Standing Rule on Burden of Proof in Change Application Proceedings Searle v. Milburn Irrigation Company, preliminary opinion, 2005 UT 58 (Utah Sept. 2, 2005)
Causation
January 2010: Following Jury Verdict on Common Law Counts, District Court Determines the Source of PCE Release and Response Costs under CERCLA Walnut Creek Manor v. Mayhew Center, LLC, ___F. Supp.2d___ 07-05664 CW (N.D. Cal. 2009)
May 2006: Fifth Circuit Holds Recovery Is Precluded where Economic Damage Accompanying a Trespass of a Toxic Substance Is Not Foreseeable Taira Lynn Marine Ltd. No.5, LLC v. Jays Seafood, Inc. ___F.3d___ 04-31069 (5th Cir. Mar. 23, 2006)
March 2006: District Court Throws Out Property Damage and Medical Monitoring Claims Brought Following Contamination of Drinking Water Well Player v. Motiva Enterprises LLC, ___F.Supp.2d___ 02-3216 (D. N.J. Jan. 20, 2006)
September 2005: Ninth Circuit Affirms Summary Judgment for Defendants in Case Alleging Over-Abundance of Phosphorous in Lake Steilacoom Lake Improvement Club Inc. v. State of Washington, ___F.3d.___ 03-35888 (9th Cir. July 6, 2005)
Cease and Disist Orders
December 2005: State Water Resources Control Board Holds Initial Hearing in Lake Arrowhead Enforcement Proceeding
Certiorari
July 2007: U.S. Supreme Court to Decide whether Federal Claims Lacked Jurisdiction over Takings Claim Arising from Superfund Cleanup John R. Sand & Gravel Co. v. U.S., U.S. S.Ct. 06-1154, certiorari granted May 29, 2007; 457 F.3d 135 (Fed. Cir.2006)
May 2007: U.S. Supreme Court Denies Review of Baccarat Decision Dealing with Clean Water Act Jurisdiction Baccarat Fremont Developers, LLC v. U.S. Army Corps of Engineers 425 F.3d 1150 (9th Cir. 2005); cert. denied, U.S. S.Ct., Feb. 20, 2007
March 2006: California Supreme Court Accepts Review of In re Bay-Delta Programmatic EIR Cases In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 133 Cal.App.4th 154 (2005), cert. granted, Cal. Supr. Ct., Jan. 25, 2006
August/September 2003: U.S. Supreme Court Denies Certiorari in Pronsolino—Section 303 of Clean Water Act Applies to Nonpoint Source Impaired Waters in Ninth Circuit Pronsolino, et al. v. Nastri, et al. ___F.3d___, Case Nos. 00-16026, 00- 16027 (9th Cir. May 31, 2002) cert. denied U.S. S.Ct. 123 S.Ct. 2573 (June 16 2003).
August 2002: Supreme Court: United States Supreme Court Grants Certiorari to Consider whether Plowing Ranchland to Prepare It for Crops Requires a Section 404 Permit under the Federal Clean Water Act Borden Ranch Partnership, et al. v. United States Army Corps of Engineers, et al., Cert Granted, 122 S.Ct. 2355(2002).
August 2002: United States Supreme Court Agrees to Hear Case Regarding Application of Clean Water Act to Deep Plowing Activities. Borden Ranch Partnership, et al. v. U.S. Army Corps of Engineers, et al., Cert Granted, 122 S.Ct. 2355 (2002).
Choice of Law
August 2003: Second Circuit Rejects Environmental Insurance Coverage Claim and Reaffirms That New York Law Determines Claims for Multi-Site Insureds Maryland Casualty Company v. Continental Casualty Co. ___F.3d___, Case No. 01-7482 (2nd Cir. June 13, 2003).
May 2003: District Court: New York District Court Dismisses State Environmental Claims Arising Out of Bhopal, India Disaster Bano v. Union Carbide Corp. ___ F. Supp. 2d ___, Case No. 99 Civ. 11329 (JFK), (S.D. N.Y. March 18, 2003).
Class Actions
June 2008: Second Circuit Denies Relief for those Allegedly Harmed By EPA’s Response to the ‘9/11’ Terrorist Attacks Benzman v. Whitman, ___F.3d___ 06-1166-cv, (L), 06-1346-cv (CON), 06-1454 (XAP) (2nd Cir. April 22, 2008)
July 2007: Post Hurricane Katrina Lawsuits Press On—District Court Dismisses Class Action In re Katrina Canal Breaches Consolidated Litigation 05-4182-SRD-JCW
February 2007: Imperial County Farm Bureau Calls for Class Action Regarding the Quantification Settlement Agreement
January 2006: District Court Finds Prisoners May Not Pursue Federal Class Action against U.S. Officials for Exposure to Contaminated Water—May Pursue Limited Claims against State Defendants Robert Suarez v. A1, et al., ___F.Supp.2d___ 06-2782 D.N.J. (D. NJ Dec. 13, 2006)
December 2005: District Court Denies Injunctive Relief and Class Certification in Case Arising from Bhopal Disaster Bano v. Union Carbide Corp., ___F.Supp.2d___ Civ. 11329 (Jfk) (S.D. N.Y. Oct. 6, 2005)
January 2004: District Court in Illinois Certifies Pollution Case as Class Action Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C 1086 (N.D. Ill. Nov. 10, 2003).
April 2003: Seventh Circuit Upholds Limited Class Action of "Core Questions" in Pollution Case Mejdrech, et. al., v. Met-Coil Systems Corp ___F.3d___, Case No. 02-8018 (7th Cir. Feb. 11, 2003).
October 2002: District Court Grants Class Certification Motion in Groundwater Contamination Case Mejdreck v. The Lockformer Co., ___F.Supp.2d___, Case No.01-C-6107 (N.D.Ill.Aug.9,2002).
Climate Change
May 2008: Climate Change: A New Practice Area for Law Firms?
Collateral Estoppel
January 2006: Ohio District Court Finds Broad Language in a State Court Judgment as Collateral Estoppel Leatherworks Partnership, et al. v. Berk Realty Inc., et al., ___F.Supp.2d___ 4:04 CV 0784 (N.D. Ohio Nov. 15, 2005)
Concurrent Remedy Doctrine
June 2009: District Court Decides Clean Air Act Claims Were Barred by Statute of Limitations and Concurrent Remedy Doctrine Sierra Club v. Otter Tail Corp., ___ F.Supp.2d ___ 1:2008cv01012 (D. S.D. April 6, 2009)
Conflict of Interest
June 2004: District Court Disqualifies Jointly-Rentained Expert Based on Conflict of  Interest Rules. The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___ CV-91-1764 PHX-DAE (LOA) (D. Az. March 31, 2004).
Continuing Nuisance
December 2008: District Court Holds Statue of Limitations for CERCLA Response Costs Begins upon Completion of All Removal Actions—Groundwater Contamination Is a ‘Continuing’ Nuisance ENNS Pontiac, Buick, & GMC, et al. v. Flores, et al., ___F.Supp.2d___ 1:07-CV-1043 OWW DLB (E.D. Cal. Oct. 10, 2008)
De Novo Review
January 2008: District Court Resolves Jurisdictional Impasse in De Novo Review of Utah State Engineer Decisions Roosevelt City v. Jerry D. Olds, State Engineer, ___ F.Supp.2d___ 2:07CV443TC (D. Ut. 2007)
Declaratory Relief
December 2007: Fourth District Court Holds Pre-Election Challenge to Eminent Domain Initiative Does Not Violate Anti-SLAPP Law City of Riverside v. Stansbury, ___Cal.App.4th___ EO40125 & EO40973 (4th Dist. Oct. 12, 2007)
December 2004: Business May Challenge the Validity of Environmental Protection Act Violations Notice where It Has Ceased Operations Alternate Fuels Inc. v. Director of the Illinois Environmental Protection Agency et al. 96071 (Ill. Oct. 21, 2004)
August 2003: Development Spurs Revisions in Ditch Easement Case Law in Colorado
Defamation
February 2006: Fourth District Court Finds that Letters Written by Homeowners’ Association Attorney Fall under Anti- SLAPP Statute Protection Ruiz v. Harbor View Community Association, ___Cal.App.4th___ G034912 (4th Dist. Dec. 19, 2005)
March 2005: Center for Biological Diversity Hit with $600,000 Defamation Verdict in Arizona
Defaults
October 2005: Second Circuit Affirms Default Judgment Entered in CERCLA Case as a Result of Defendant’s Failure to Timely Appear State of New York v. Green, ____F.3d____ 04-4070-CV (2nd Cir. Aug. 18, 2005)
December 2004: Code of Civil Procedure § 473(b) Fails to Relieve Water Agency’s Failure, Through Its Attorney’s “Inexcusable Neglect,” to Timely Request a CEQA Hearing Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency, ___Cal.App.4th___ A104687 (1st Dist. Sept. 29, 2004)
Diminution in Value Property Damages
February 2008: Ninth Circuit Holds Diminution of Property Value Due to Environmental Contamination Does Not Invoke a Duty to Indemnify or Constitute Damages under General Insurance Policy Goodstein v. Continental Casualty Co., ___F.3d___ 05-35805 (9th Cir. Dec. 3, 2007)
Discovery
December 2009: District Court Applies More Generous CERCLA Discovery Rule for Running of Statute of Limitations Period Whitlock v. Pepsi Americas, et al., ___F.Supp.2d___ C 08-02742 (N.D. Cal. Oct. 21, 2009)
April 2009: District Court Extends Rule Limiting Depositions of Current High Ranking Government Officials to Include Former Officials
April 2009: News from the West
June 2008: Third District Court Holds Irrigation District Could Not Depose LAFCO Commissioners to Discover Information Relating to the Commission’s Denial of Its Application San Joaquin Local Agency Formation Commission v. Superior Court of San Joaquin County, ___Cal.App.4th__ _ C056463 (3rd Dist. April 22, 2008)
June 2007: District Court Finds a Party May Depose Opposing Counsel in a CERCLA Contribution Action where Counsel Drafted the Response to EPA Request Raytheon Aircraft Co. v. U.S., ___F.Supp.2d___ 05-2328 (D. Kan. April 13, 2007)
May 2005: Ninth Circuit Affirms District Court Order Compelling the Production of Responsive Privileged Documents Due to Failure to Timely Submit a Privilege Log Burlington Northern & Santa Fe Railway Company v. U.S. District Court for the District of Montana, ___F.3d___ 04-72134 (9th Cir. March 31, 2005)
October 2004: Illinois Federal District Court Declines to Apply the Self-Critical Analysis Privilege” in Environmental Case Ludwig v. Pilkington North America, Inc., ___F.Supp.2d___ 03 C 1086 (N.D. Ill. Aug. 13, 2004)
July 2004: District Court Dismisses as Time-Barred Claims for Damage Allegedly Caused by Air Pollution. Mest v. Cabot Corporation, ___F.Supp.2d___ 01-4943 (E.D. Penn. April 29, 2004).
August 2003: Where Plaintiff Sought Non-CERCLA Damages, Plaintiff Could Not Obtain Benefit of CERCLA’s Discovery Rue to Prevent Running of Statute of Limitations Morgan v. Exxon Corp. Case No. 1012345 (Ala. June 13, 2003).
Discovery Sanctions
August 2009: District Court Orders Severe Sanctions against Client and Law Firm for Discovery Abuses in RCRA Contamination Case 1100 West, LLC v. Red Spot Paint & Varnish Co., Inc., ___F. Supp.2d___ 1:05-cv-01670-LJM-WTL (S.D. Ind. 2009)
Doctrine of Issue Preclusion
March 2009: District Court Uses Doctrine of Issue Preclusion to Bar Parties’ Claim that State Emissions Regulation is Preempted by Federal Law Lincoln Dodge, Inc. v. Sullivan, ___ F.Supp.2d ___ 06-70T (D. R.I. 2008)
Doctrine of Mootness
May 2009: Eighth Circuit Holds Appellant’s Clean Air Act Citizen Suit Moot in the Face of a Subsequently Acquired Clean Air Act Permit Hempstead County Hunting Club, Inc. v. Southwestern Electric Power Company, ___F.3d___ 08-2613 (8th Cir. March 12, 2009)
March 2009: District Court Finds CWA Citizen Suit Was Proper where State Agency Was Not Diligently Prosecuting Cleanup—However, Suit Became Moot after Consent Decree Ohio Valley Environmental Coalition, Inc., v. Hobet Mining, LLC, ___F.Sup.2d___ 3:08-0088 (S.D. W.V. Dec. 18, 2008)
Economic Loss Rule
April 2005: Georgia Supreme Court Holds that Party Merely Planning to Lease Property May Not Recover Damages for Contamination of the Site General Electric Company v. Lowe’s Home Centers, Inc. S04Q2099 (Ga. Feb. 7, 2005)
Eminent Domain
October 2002: In Eminent Domain Action, Unreasonable Pre-condemnation Conduct Must be Found by the Court before Evidence of Klopping Damages May Go before the Jury City of Ripon v. Sweetin ___Cal.App.4th___,Case Nos.C036592,C037212 (3rd Dist.July 30,2002).
Emotional Distress Damages
August 2006: District Court Allows Plaintiffs to Pursue Emotional Distress Damages in Claim Alleging Harm to Real Property Nnadili v. Chevron U.S.A. Inc., ___F.Supp.2d ___ 02-1620 (D. D.C. June 1, 2006)
Environmental Appeals Board
May 2006: NPDES Permit Applicants Not Entitled to a Formal Evidentiary Hearing by EPA under the Clean Water Act Dominion Energy Brayton Point, LLC v. Johnson, ___F.3d___ 05-2231 (1st Cir. Mar. 30, 2006)
Equitable Relief
January 2006: Tenth Circuit Finds Citizen Suits under the Clean Water Act Seeking Equitable Relief Are Not Barred by Concurrent Administrative Enforcement Actions Paper, Allied-Industrial, Chemical and Energy Workers International Union and Ponca Tribe v. Continental Carbon Company, ___F.3d___ 036243 (10th Cir. Nov. 8, 2005)
Evidence
August 2009: Second District Holds California Coastal Commission Properly Considered Coastal View in Deciding Permit Application Farr v. California Coastal Commission, 173 Cal. App.4th 1474 (2nd Dist. 2009).
January 2006: Supreme Court of New Hampshire Holds that Required Disposal of Hazardous Waste Does Not Qualify as a Subsequent Remedial Measure under Rules of Evidence State of New Hampshire v. Elementis Chemical, Inc. 2004-627 (N.H. Dec. 9, 2005)
Exhaustion of Administrative Remedies Doctrine
April 2008: aaa aaaa aaa
February 2008: Fifth District Overrules Trial Court Decision Issuing Writ, Finding No Fair Argument of Significant Impacts of Housing Development Porterville Citizens for Responsible Hillside Development v. City of Porterville, ___Cal.App.4th___ F051953 (5th Dist. Nov. 9, 2007)
March 2007: Sixth District Finds Monterey County’s CEQA Determination ‘Intermediate Environmental Decision’ Not Subject to Judicial Review McAllister v. County of Monterey, ____Cal.App.4th ___ H028813 (6th Dist. Jan. 31, 2007)
December 2006: Jumping through Hoops on the Way to the Courthouse: Citizens for Open Government v. City of Lodi and the Duty to Exhaust Administrative Remedies under CEQA
October 2006: Second Circuit Tells Plaintiffs Opposing EPA’s Pesticide Tolerances They Must Exhaust Their Administrative Remedies to Obtain Judicial Juristiction NRDC v. Johnson (U.S. EPA), ___F.3d___ 04-5337 (2nd Cir. Aug. 22, 2006)
May 2005: Mississippi Supreme Court Clarifies Obligation to Exhaust Administrative Remedies before Filing Environmental Tort Suits Howard v. Totalfina 2003-CA-01600-SCT, 97-CA-01178-SCT (Miss. March 3, 2005)
Expert Witnesses
April 2008: aaa aaa aaa
May 2006: Absence of Evidence that Testing Procedure Was Generally Accepted Science Precludes Environmental Expert from Opining on Mycotoxins Geffcken v. D’Andrea, ___Cal.App.4th___ 1044044, 1046222 (Cal.App. Mar. 28, 2006)
April 2005: Colorado Supreme Court Revisits the Standards for Approval of Augmentation Plans and Clarifies When Attorneys Fees and Costs Are Available In the Matter of the Application of Water Rights of Park County Sportsmen’s Ranch: City of Aurora v. State Engineer 01SA412, (Colo. Jan. 18, 2005)
March 2005: District Court Excludes Proposed Expert Testimony on Legal Subjects The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___ CV-91-1764-PHX-DAE (LOA) (D. Az. Jan. 7, 2005)
December 2004: District Court in Rhode Island Finds No Causal Connection between Oil Spill and Diminution of Lobster Catch Thomas Hall v. Eklof Marine Corp., et al., ___ F.Supp.2d___ 02-162L (D. R.I. Oct. 13, 2004)
June 2004: District Court Disqualifies Jointly-Rentained Expert Based on Conflict of  Interest Rules. The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___ CV-91-1764 PHX-DAE (LOA) (D. Az. March 31, 2004).
January 2004: In Environmental Toxic Tort Litigation, Court May Exclude Expert Witness Testimony that Does Not Satisfy Daubert Test Marsh v. W.R. Grace & Co. ___F.3d___, Case Nos. 98-1943, 98-1944, 98- 1945 (4th Cir. Nov. 19, 2003).
July 2003: Court of Appeals: Tenth Circuit Reverses Damages Award for Pollution because Trial Judge Failed to Perform Gatekeeper Function under Daubert Dodge v. Cotter Corporation ___F.3d___, Case Nos. 01-1197, 01-1236, 01-1591 and 02-1008 (10th. Cir. April 22, 2003).
Federal Diversity Jurisdiction
July 2007: Eleventh Circuit Holds Florida Strict Liability Statute Did Not Preclude Personal Injury Suit for Damages from Wastewater Treatment Plant Florence v. Crescent Resources, LLC, ___F.3d___ 06-13587, 11th Cir. April 18, 2007)
June 2007: Eleventh Circuit holds Florida’s Strict Liability Statute Did Not Preclude Personal Injury Suit for Contamination Damages Annette Florence v. Crescent Resources, LLC, ___F.3d___ 06-13587 (11th Cir. April 18, 2007)
September 2004: District Court Rejects Motion Seeking Removal of State Court Medical Monitoring Case Based on a Claim of Diversity Jurisdiction. Ware v. Ciba Specialty Chemicals, ___F.Supp.2d___ 04-1645 (JBS) (D. N.J. Aug. 4, 2004)
Federal Removal Jurisdiction
March 2008: District Court Upholds Removal of Suit under Energy Policy Act Despite Plaintiffs’ Claim that Pleading Reference to MTBE Was Merely a ‘Time- Marker’ Bonds v. Nicoletti Oil, Inc., ___F.Supp.2d___ CV-F-07-1600 (E.D. Cal. Jan. 30, 2008)
June 2006: District Court Denies MTBE Defendant’s Motion to Remove Action in the Face of a Fifth Amended Complaint In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 1:00-1898 (S.D. N.Y. April 17, 2006)
December 2005: District Court Holds that a Recently Decided Court Case Does Not Constitute an ‘Other Paper’ for Purposes of Removal Allen v. Monsanto Company, ___F.Supp.2d___ 2:05-0578 (S.D. W.V Nov. 2, 2005)
September 2004: District Court Rejects Motion Seeking Removal of State Court Medical Monitoring Case Based on a Claim of Diversity Jurisdiction. Ware v. Ciba Specialty Chemicals, ___F.Supp.2d___ 04-1645 (JBS) (D. N.J. Aug. 4, 2004)
Federal Subject Matter Jurisdiction
October 2009: Seventh Circuit Denies Standing for Lake Michigan Pollution Blue Eco Legal Council, et al. v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. Aug. 13, 2009)
July 2009: District Court Holds Alleging Violations of RCRA as Part of a Civil Conspiracy Claim Does Not Present a Federal Question for Jurisdiction Giles, et al. v. Chicago Drum, Inc., et al., ___F. Supp.2d___ 08 C 4654, 08 C 4657, No. 08 C 4660 (N.D. Ill. April 22, 2009)
July 2007: Second Circuit Holds States’ Lawsuits against Oil Companies for MTBE Contamination of Drinking Water Supplies May Be Heard in State Court In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.3d___ 04-5974-cv(L) and 04-6056-cv(CON) (2nd Cir. May 24, 2007)
July 2007: U.S. Supreme Court to Decide whether Federal Claims Lacked Jurisdiction over Takings Claim Arising from Superfund Cleanup John R. Sand & Gravel Co. v. U.S., U.S. S.Ct. 06-1154, certiorari granted May 29, 2007; 457 F.3d 135 (Fed. Cir.2006)
June 2007: District Court Finds Challenge to Property Falling within ‘Navigable Waters’ Definition Cannot Be the Basis for Dismissal for Lack of Subject Matter Jurisdiction U.S. v. Sea Bay Development Corp., ___F.Supp.2d___ 2:06cv624 (E.D. Va. April 18, 2007)
June 2005: District Court Dismisses Insurers Claims against Federal Government on Lack of Subject Matter Jurisdiction American Int’l Specialty Lines Insurance Co. v. U.S., ___F.Supp.2d___ C 04-01591 (N.D. Cal. March 24, 2005)
November 2004: Eleventh Circuit Holds that Federal Court Jurisdiction Exists for Case Alleging Violation of State-Issued Clean Water Act Permit Parker v. Scrap Metal Processors, Inc., ___F.3d___ 03-14516 (11th Cir. Sept. 28, 2004)
Federal Supremacy Doctrine
May 2005: California Supreme Court Rules that Regional Boards May Not Consider Economic Factors to Justify Imposing Pollutant Restrictions that Are Less Stringent than Federal Standards City of Burbank v. State Water Resources Control Board, ___Cal.4th___ BS060957 (April 4, 2005)
Final Agency Actions
December 2008: Recent Ninth Circuit Decision Invites Regulated Community to Roll the Dice—Holds Determination of CWA Jurisdiction Does Not Constitute ‘Final Agency Action’. Fairbanks N. Star Borough v. U.S. Army Corps of Engineers, ___F.3d___ 07-35545 (9th Cir. 2008)
November 2008: News from the West
Final Judgements
June 2006: Tenth Circuit Holds that Trout Unlimited’s Remand Order Is Not a Final Appealable Judgment Trout Unlimited v. U.S. Department of Agriculture, ___F.3d___ 04-1317, 04-1346 (10th Cir. March 28, 2006)
April 2003: Court of Appeal Finds Supreme Court's Summary Denial of Mandamus Petition on Thermal Power Plant Sufficient to Constitute Final Determination on the Merits of the Claim Santa Teresa Citizen Action Group, et al. v. California Energy Commission 105 Cal.App.4th 1441(3rd Dist. 2003).
Final Judgments
November 2006: Third Circuit Rejects Appeal of CERCLA Contribution Claim as Premature because Dismissal Order Was Not a ‘Final Decision’ Morton Int’l. Inc. v. A.E. Stanley Mfg. Co., ___F.3d ___ 04-3936 (3rd. Cir. Aug. 18, 2006)
June 2006: Tenth Circuit Holds that Trout Unlimited’s Remand Order Is Not a Final Appealable Judgment Trout Unlimited v. U.S. Department of Agriculture, ___F.3d___ 04-1317, 04-1346 (10th Cir. March 28, 2006)
Forum Non Conveniens Doctrine
June 2008: District Court Dismisses Claims Regarding Contamination of Amazonian River Basin in Peru Due to Forum Non Conveniens Carijiano et al. v. Occidental Petroleum Corp. et al., ___F.Supp.2d___ CV 07-5068 (C.D. Cal. April 15, 2008)
Full Faith and Credit Doctrine
August 2005: U.S. Supreme Court Holds that State Court Decision on Fifth Amendment Takings Claim Precludes Later Federal Court Review San Remo Hotel, L.P., et al. v. City and County of San Francisco, et al., ___U.S.___ 04-340 (June 20, 2005)
General
January 2001: Court Upholds Limited Discovery of Nonlitigants’ Financial Contributions to Public Interest Group’s Litigation as Relevant to Group’s Motion to Recover Fees under “Private Attorney General” Statute Save Open Space Santa Monica Mountains v. Superior Court 84 Cal.App.4th 235, (2nd Dist. Oct. 18, 2000)
Immunity
December 2009: Second District Upholds County’s Immunity from Suit Due to Design of Public Road Retaining Wall Alvis v. County of Ventura, ___Cal.App.4th___ B212337 (2nd Dist. Oct. 20, 2009)
December 2009: District Court Finds U.S. Liable for Damages Resulting from Hurricane Katrina Due to Negligent Maintenance of Mississippi River-Gulf Outlet In Re: Katrina Canal Breaches Consolidated Litigation, __ F.Supp.2d___ 05-4182
December 2008: District Court Allows Sewer Contamination Nuisance Action against City to Proceed, Rejecting Immunity Claims Adobe Lumber, Inc. v. Hellman, ___F.Supp.2d___ 05-1510 WBS PAN (E.D. Cal. Oct. 2, 2008)
February 2005: First Circuit Addresses the Issue of Qualified Immunity for Unreasonable Searches Conducted by EPA Inspectors. Riverside Mills Corp. v. Pimpare, et al. ___F3d___ , Case No. 041626 (1st Cir. Dec. 22, 2004).
Indemnity
November 2005: District Court in Texas Denies Implied Right to Contribution of Indemnification under the Clean Water Act Environmental Conservation Organization v. Bagwell, ___F.Supp.2d___ 4:03-CV-807-Y (N.D. Tx. Sept. 29, 2005)
March 2004: Seventh Circuit Refuses to Determine Indemnity Prior to Underlying Finding of Liability Lear Corporation v. Johnson Electric Holdings Limited 353 F.3d 580 (7th Cir. Dec. 30, 2003).
Indispensable Party
October 2009: District Court Dismisses Oklahoma’s Claims against Poultry Companies for Poultry Waste Because of Failure to Join the Cherokee Nation Oklahoma v. Tyson Foods, Inc., ___F.Supp.2d___ 05-cv-329-GKF-PJC (N.D. Okl. July 22, 2009)
December 2008: News from the West
November 2008: First District Finds Claim by Public for Breach of Public Trust Must Be Brought against Public Agencies— Not against Windfarm Operators Center for Biological Diversity, Inc. v. FPL Group, Inc., ___Cal.App.4th___ A116362 (1st Dist. Sept. 18, 2008)
October 2008: Third District Court Dismisses Action Brought Pursuant to Public Records Act for Failure to Name an Indispensable Party Tracy Press, Inc., v. City of Tracy, ___Cal.App.4th___ C056812 (3rd Dist. July 16, 2008)
April 2008: aaa aaa aaa
Injunctive Relief
October 2009: Ninth Circuit Affirms Order Permanently Enjoining Implementation of U.S. Forest Service’s State Petitions Rule People of the State of California v. U.S. Department of Agriculture, ___F.3d.__ 07-15613 (9th Cir. Aug 5, 2009 )
July 2009: Tenth Circuit Affirms District Court’s Determination of Insufficient Link between ‘Poultry Litter’ and Alleged Contamination of Illinois River Watershed State of Oklahoma v. Tyson Foods, Inc., ___ F.3d ___ 08-5154 (10th Cir. May 13, 2009)
February 2009: District Court Holds Government’s Failure to Produce Public Records in CWA Suit Does Not Amount to Irreparable Harm Sierra Club, Hawaii v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Haw Nov. 18, 2008)
January 2009: Supreme Court Finds Balancing of Equities and Consideration of Overall Public Interest Justified Dismissing Injunction Banning the Navy’s Use of MFA Sonar Natural Resource Defense Council, Inc. v. Winter, ___U.S.___ 07-1239, (U.S. Nov. 12, 2008)
December 2008: District Court Judge Wanger Issues Order Regarding New Request for Interim Injunctive Relief in Pacific Coast Federation Case Pacific Coast Federation of Fishermen’s Associations v. Gutierrez 1:06-CV-0025 OWW GSA, order issued, Oct. 21, 2008 (E.D. Cal)
December 2008: District Court Holds RCRA Citizen Suit Filed before Entry of an Administrative Order Is Barred River Village West LLC v. The Peoples Gas Light and Coke Co., ___F.Supp.2d___ 05-2103, 06-4465, 06-5901 (N.D. Ill. Sept. 25, 2008)
April 2008: District Court Holds Plaintiff’s Nuisance Claim Does Not Violate the Burford and Primary Jurisdiction Doctrines Corvello v. New England Gas Company, ___F.Supp.2d___ 05-221T, 05-274T, 05-370T, 05-522T (D. R.I. Jan. 30, 2008)
April 2008: aaa aaa aaa
November 2007: District Court Declines to Stay Private Litigation in Favor of ‘Comprehensive’ Negotiations between U.S. EPA, Hawaii State Agency and Municipal Defendant Sierra Club, Hawaii Chapter v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Hawaii Sept. 11, 2007)
June 2007: Superior Court’s Order Barring Pumping from Banks Plant in Delta Stayed Pending Appeal Watershed Enforcers v. Department of Water Resources RG06292124, slip op. Apr. 17, 2007 (Alameda County Superior Court)
June 2007: Idaho State District Court Issues Temporary Restraining Order that Forestalls Historic Curtailment Order Affecting Agriculture and Municipalities Idaho Ground Water Appropriators, Inc., et al. v. Idaho Department of Water Resources, et al. CV-2007-0000526, order issued May 8, 2007, Fifth Judicial District
May 2007: Inyo County Superior Court Finds LADWP Has More Work to Do in Restoring the Lower Owens River Sierra Club v. L.A. Dept. of Water & Power CIV-0129768 (Inyo Co. Superior Court., March 12, 2007)
April 2007: Virginia State Court Issues Temporary Injunction against Shenandoah Valley Sewage Treatment Facility for Discharges into Shenandoah River Paylor v. SIL Clean Water, LLC CL06-00876 (Circuit Court of the County of Rockingham Feb. 22, 2007)
February 2007: First Circuit Finds Reasonable Prospect of Future Harm Raises Citizen Suit Standing under RCRA Maine People’s Alliance and Natural Resources Defense Council v. Mallinckrodt, ___F.3d___ 05-2331 (1st Cir. Dec. 22, 2006)
February 2007: Federal District Court Denies Preliminary Injunction Barring Road Construction and Dredge and Fill in Wetlands Area, Finding No Arbitrary Decision-Making by Army Corps Northwest Bypass Group v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 6–CV–00258-JAW (D. N.H. Jan. 5, 2007)
November 2006: Appellate Court Affirms Superior Court Ruling Enjoining Los Angeles from Exporting Owens Valley Water Sierra Club v. City of Los Angeles, Unpub. Op., E039140, 4th Dist., Sept. 27, 2006
October 2006: Development in Bald Eagle Habitat Permanently Enjoined; Developer Fined $1.3 Million under Clean Water Act Center for Biological Diversity v. Marina Point Development Associates 434 F.Supp.2d 789 (C.D. Cal. 2006)
October 2006: Emergency Injunction by Ninth Circuit Halts the Lining of the All American Canal Consejo de Desarrol, et al. v. United States, et al., ___F.3d___ 06-16345 (9th Cir. Aug. 25, 2006)
June 2006: District Court In California Confirms the Difficulty in Obtaining Preliminary Injunctions in Environmental Cleanup Cases Redevelopment Agency v. Burlington Northern & Santa Fe Ry., ___F.Supp.2d___ Case No. 05-2087 (E.D. Cal. April 11, 2006)
May 2006: Ninth Circuit Grants Preliminary Injunction to Prevent Forest Service Timber Sales in the El Dorado National Forest Earth Island Institute v. U.S. Forest Service, ___F.3d___ 05-16776 (9th Cir. March 24, 2006)
April 2005: Illinois Supreme Court Rejects Retroactive Application of Statutory Amendment, Upholds Ruling that State Environmental Law Does Not Authorize Injunctive Relief The People ex rel. James E. Ryan v. Agpro, Inc., et al. ___ N.E.2d ___ 97986 (Ill. Feb. 3, 2005)
April 2005: Third Circuit Affirms Massive Excavation and Cleanup Order of Hackensack River Site under RCRA Interfaith Community Organization, et al. v. Honeywell Int’l, Inc., et al., ___F.3d___ 03-2760, 03-3037, 03-3585 (3rd Cir. Feb. 18, 2005)
April 2004: Colorado Supreme Court upholds State and Division Engineers’ Curtailment of the City of Golden’s Municipal Direct Flow Rights During 2002 Drought City of Golden v. Hal D. Simpson, et al 83 P.3d 87 (Colo. 2004).
January 2004: District Court in Louisiana Holds that RCRA Citizen Suit May Be Used to Enjoin Future Conduct Holy Cross v. U.S. Army Corps of Engineers ___F.Supp.2d___, Case No. 03-370 Section “L”(4) (E.D. La. Nov. 3, 2003).
May 2003: Federal Court Enjoins U.S. Interior Department from Cutting California's Imperial Irrigation District's Colorado River Water Imperial Irrigation District v. United States, Gale Norton, et al. Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal).
Insurance
July 2004: District Court Holds Duty to Defend and Indemnify in Case of Suit Arises only after a Lawsuit Is Filed in a Court of Law. American Motorists Insurance Company v. Stewart Warner Corporation,___F.Supp.2d___ (N.D. Ill. May 17, 2004).
Interlocutory Appeals
June 2004: Paper Industry Fails to Obtain Interlocutory Appeal of Public Interest Group Clean Water Act Action Environmental Protection Information Center v. Pacific Lumber Company/U.S. Environmental Protection Agency, ___F.Supp.2d___ C.01-2821 (N.D. Cal. 2004).
Intervention
February 2010: California Department of Water Resources Intervenes in Consolidated Delta Smelt Litigation San Luis & Delta-Mendota Water Authority et al v. Salazar et al 1:09-cv-00407-OWW-DLB (E.D. Cal.)
February 2010: Utah Supreme Court Finds Non-Party to State Engineer Proceeding May Intervene in Subsequent Action for Judicial Review Taylor-West Weber Water Improvement District v. Jerry Olds 20080540 (Ut. Dec. 22, 2009)
January 2010: Tenth Circuit Finds Union Pacific’s CERCLA Contribution Right Is Sufficient for Intervention U.S. and State of Oklahoma v. Albert Investment Company, ___F.3d___ 08-6267 (10th Cir. Nov. 10, 2009)
January 2008: D.C. District Court Rejects Standing for NRDC Alleging an ‘Interest in the Protection of Water Bodies’ under the Clean Water Act National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Spp.2d___ 07-0972 (D. D.C. Nov. 6, 2007)
June 2005: Second District Court Rejects Neighbors’ Request to Intervene in Action Brought by City of Malibu and David Geffen Regarding Site Specific Coastal Public Access City of Malibu v. California Coastal Commission, ___Cal.App.4th___ B171650 (2nd Dist. April 25, 2005)
February 2005: District Court in Georgia Prevents Intervention by Taxpayer Group in Implementation of Clean Water Act Consent Decree. Upper Chattahoochee Riverkeeper Fund, Inc. v. The City of Atlanta, F.Supp.2d___, Case No 1:95-CV-2550-TWT, No 1:98-CV-1956-TWT (N.D. Ga. Dec. 7, 2004).
September 2004: First Circuit, while Acknowledging “Collateral Order Doctrine,” Denies State of Rhode Island’s Standing before Federal Environmental Appeals Board. Rhode Island v. U.S. Environmental Protection Agency, ___F.3d___ 04-1513 (1st Cir. Aug. 3, 2004)
August 2004: Ninth Circuit Refuses to Let Judgment Creditor Intervene in Environmental Enforcement Action that May Impair the Creditor’s Ability to Collect United States v. Alisal Water Corporation, et al 370 F.3d 915 (9th Cir. 2004)
July 2004: District Court in New York Grants Motion by Third Party to Intervene in CERCLA Cost Recovery Action. United States v. City of Glen Cove, ___F.Supp.2d___ CV-03-4975 (TCP) (MLO) (E.D. N.Y April 29, 2004).
January 2003: Ninth Circuit Finds Intervention Untimely in Landfill Contamination Case California Department of Toxic Substances Control, et al v. Commercial Realty Projects, Inc., et al., 309 F.3d 1113 (9th Cir. Oct. 25, 2002).
Issue Preclusion Doctrine
December 2009: District Court Considers Breach of Fiduciary Duty Claims Premised on Environmental and Labor Law Violations
August 2005: District Court Rules that a Party May Bring a CERCLA Action after Losing State Court Environmental Tort Case Based on the Same Alleged Contamination Doyle v. Town of Litchfield, ___ F.Supp.2d ___ 3:02 CV 656 (JCH) (D. Conn. May 31, 2005)
Joinder Doctrine
November 2006: Second Circuit Remands Thorny Question of Liability of State Governmental Entities in Conjunction with Eminent Domain/Clean Water Act Cleanup Litigation City of Syracuse v. Onondaga County, ___F.3d___ 04-0718-cv (2nd Cir. Sept. 21, 2006)
March 2002: In Examining CEQA Challenge, Not All Parties to Water Transfer Agreement Are Indispensable under Joinder Statute Deltakeeper et al. v. Oakdale Irrigation District, et al 94 Cal.App.4th 1092 (3rd Dist. 2001)
March 2002: In Examining CEQA Challenge, Not All Parties to Water Transfer Agreement Are Indispensable under Joinder Statute Deltakeeper et al. v. Oakdale Irrigation District, et al 94 Cal.App.4th 1092 (3rd Dist. 2001)
Judicial Peremptory Challenges
July 2008: Sacramento Superior Court Grants Peremptory Challenge Finding Parties Timely Filed Challenge under Code of Civil Procedure Section 170.6 Environmental Council of Sacramento v. Sacramento Local Agency Formation Commission 07CS01411 (Sacramento County Superior Ct. May 7, 2008)
Judicial Peremptory Disqualification
May 2008: Superior Court Holds Real Party and Respondent Agency Limited to One Peremptory Disqualification between Them—Denies Motions to Consolidate Challenges to ‘Railyard’ Development Sacramento Citizens Concerned About the Railyards v. City of Sacramento 34-2008-00000504-CU-WM-GDS
Jury Instructions
May 2008: Ninth Circuit Affirms Guilty Verdict for Defendant Arising from Unlawful Importation of Ozone-Depleting Substance R-12 Pursuant to the Clean Air Act U.S. v. Alghazouli 517 F.3d 1179 (9th Cir. 2008)
May 2008: Massachusetts Appeals Court Confirms Trial Court’s Discretion with Jury Instructions in Clean Water Act/State Water Quality Act Violation Case Commonwealth v. B&M Fitzgerald Builders, Inc. 07-P158 (Mass.App. March 31, 2008)
October 2004: Instructions to Jury to Consider a Company’s Business Policies in Mitigation of Damages to Determine “Reasonableness” of Conduct Is Proper Lowe’s Home Centers, Inc. v. General Electric Company, ___F.3d___ 03-10480 (11th Cir. Aug. 19, 2004)
Jury Verdicts
August 2007: District Court Jury Finds CITGO Guilty of Clean Air Act Violations U.S. v. Citgo, ___F.Supp.2d___ 2:06-cr-00563 (S.D. Tex. June 27, 2007)
September 2005: District Court Denies Right to a Jury Trial in Action under State Hazardous Sites Clean-Up Act F.P. Woll & Co. v. Fifth and Mitchell Street, Corp., ___F.Supp.2d___ 96-5973 (E.D. Penn. July 1, 2005)
March 2005: Fourth District Court Grants New Trial in Eminent Domain Matter after Finding Jury’s Damage Award Was “Against the Law” City of San Diego v. D.R. Horton San Diego Holding Company, Inc., ___Cal.App.4th___ D043425 (4th Dist., Feb. 7, 2005)
Justiciability
November 2007: District Court Dismisses California’s Global Warming Nuisance Claims against Automakers State of California v. General Motors Corp., ___ F.Supp.2d___ C06-5755 MJJ (N.D. Cal. Sept. 17, 2007)
Laches
February 2003: New Mexico Court of Appeals Addresses Contract Water Issues: Laches Precludes Use of Technical Non-Compliance With Water Law to Void Decades Old Municipal Water Contracts Village of Wagon Mound v. The Mora Trust v. Earl Berlier and Glenda Berlier and Wagon Mound Ranch L.L.C., Case Nos. 21,827, 21,917. (N.M. App.)
Law of the Case Doctrine
May 2005: Sixth Circuit Determines Applies ‘Law of the Case’ Doctrine to Not Vacate Previously Rendered Decision Not on Appeal United States et al. v. City of Detroit et al., ___F.3d___ 04-1047 (6th Cir. March 16, 2005)
Legislative Intent
April 2005: Illinois Supreme Court Rejects Retroactive Application of Statutory Amendment, Upholds Ruling that State Environmental Law Does Not Authorize Injunctive Relief The People ex rel. James E. Ryan v. Agpro, Inc., et al. ___ N.E.2d ___ 97986 (Ill. Feb. 3, 2005)
Litigation Costs Recovery
February 2010: Colorado Supreme Court Examines Whether Prevailing Party Costs Are Available to Parties Supporting State Engineer’s Groundwater Rules in Court Cotton Creek Circles, LLC v. Rio Grande Water Conservation District 218 P.3d 1098 (Colo. 2009)
January 2010: District Court Imposes Penalty for Beneficial Mitigation Project and Attorney’s Fees for Clean Air Act Violation Sierra Club v. Franklin County Power of Illinois, LLC, ___F.Supp.2d___ 05-CV-4095-JPG (S.D. Ill. Nov. 12, 2009)
January 2007: Fifth Appellate District Reverses Denial of Motion to Tax $33,000 Cost Award for Preparation of CEQA Record Wagner Farms, Inc. v. Modesto Irrigation District, ___Cal. App. 4th____ F049966 (5th Dist. Dec. 6, 2006)
Mandamus
February 2010: First District Finds Lengthy Delay in Preparation of EIR Did Not Entitle the Developer to Mandamus Compelling Certification of the EIR Schellinger Bros. v. City of Sebastopol, ___Cal.App.4th___ A122972 (1st Dist. Dec. 2, 2009)
June 2008: Third District Court Allows Low-Income Housing Landlord to Pursue Contract Action against California Department of Housing 300 DeHaro Street Investors v. California Department of Housing and Community Development, ___Cal.App.4th___ C05033 (April 10, 2008)
Mens Re
June 2007: Fourth Circuit finds Mens Rea Does Not Include Knowledge of the Jurisdictional Status of Clean Water Act Affected Waters U.S. v. Cooper 482 F.3d 658 (4th Dist. 2007)
June 2007: Fourth Circuit Affirms Criminal Conviction for ‘Knowing’ Discharge under the Clean Water Act U.S. v. Cooper 482 F.3d 658 (4th Cir. 2007)
January 2006: News from the West In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings 133 Cal.App.4th 154 (3rd Dist. 2005)
December 2005: Tenth Circuit Finds the Clean Water Act Criminalizes Any Act of Negligence that Leads to Pollutant Discharge United States v. Ortiz, ___F.3d___ 04-1228, (10th Cir. Nov. 1, 2005)
Mental Distress Damages
October 2004: Tennessee Federal District Court Allows Mental Distress Damages for Contamination of Prop-erty Mildred Isabel v. Velsicol Chemical Company, ___F.Supp.2d___ 04-2997-DV (W.D. Tenn. Aug. 2, 2004)
Mitigation of Damages
July 2003: Court of Appeal Confirms that in Action for Inverse Condemnation, Recovery of Mitigation Expenses Is Not Dependant upon a Showing that, "but for" the Mitigation Efforts, Damages Would Have Been Sustained CUNA Mutual Life Insurance Company v. Los Angeles County Metropolitan Transportation Authority ___Cal.App.4th___, Case No. B149100 (2nd Dist. April 30, 2003).
Motion to Dismiss
January 2009: Second Circuit Finds Conversion to Motion for Summary Judgment Was without Adequate Notice Sahu v. Union Carbide Corporation, ___F.3d___ 06-5494-cv (2nd Cir. Nov. 3, 2008)
Necessary Party
August 2007: Appellate Victory a Step Forward for the Quantification Settlement Agreement As Imperial County Petitions for Rehearing County of Imperial v. Superior Court of Sacramento County, et al. 152 Cal.App.4th 13 (3rd Dist. 2007)
Negligence
February 2005: Washington State Court Finds 2000 Gallons of Gasoline into a Monitoring Well Is Not a Useful Product. Modern Sewer Corp. v. Nelson Dist., Inc., Case No.

53085-2-I, 2005 WL 12024 (Wash. App. Jan. 3, 2005).

January 2005: Fourth District Court Finds County Landfill Monitoring Wells Are Not an “Improvement” Giving Rise to Cause of Action for Negligent Development of Land Gaggero v. County of San Diego, ___Cal.App.4th___ D043012 (4th Dist. Dec. 1, 2004)
Negligence Per Se
May 2005: Mississippi Supreme Court Clarifies Obligation to Exhaust Administrative Remedies before Filing Environmental Tort Suits Howard v. Totalfina 2003-CA-01600-SCT, 97-CA-01178-SCT (Miss. March 3, 2005)
April 2005: Ninth Circuit Affirms Judgment against Port in Negligence Per Se Claim Related to Environmental Cleanup The Port of Redwood City v. Gibson Envtl. Inc., ___F.3d___ 03-15662 (9th Cir. CFeb. 25, 2005)
March 2005: District Court Remands to State Court a Negligence Per Se Claim Premised on Violation of the Federal Safe Drinking Water Act Harding-Wright v. District of Columbia Water and Sewer Authority, ___F.Supp.2d___ 04-00558 (HHK), (D. D.C. Jan. 3, 2005)
October 2003: Texas Court of Appeals Applies Doctrine of Negligence Per Se to Environmental Pollution Meith v. Ranchquest, Inc. Court of Appeals of Texas, First District (Tx. App. July 31, 2003).
Noerr-Pennington Doctrine
March 2008: First District Court Holds Litigation Privilege Protects Communications Made by Project Proponent during CEQA Environmental Review Process People ex rel Gallegos v. Pacific Lumber Company et al., 158 Cal.App.4th 950 (1st Dist. 2008)
Notice
April 2007: First District Finds Property Owners’ Proposition 218 Challenge to Special Assessment Is a Validation Action that Must Comply with Special Procedures for Service of Process Bonander et al. v. City of Tiburon, et al., ___Cal.App.4th___ A115239 (1st Dist. Jan. 31, 2007)
January 2005: Environmental Groups Claim PG&E Is Required to Obtain NPDES Permit for Diverting Water from the Eel River to the Russian River in California
October 2004: Ninth Circuit Reverses District Court’s Ruling that Ten Page Notice-of-Intent to Sue under the Clean Water Act Is Invalid WaterKeepers v. AG Industrial Mfg., Inc 375 F.3d 913 (9th Cir. 2004)
August/September 2003: Landlord’s Notices to Rent Control Board Regarding Property’s Availability in Rental Market Did Not Insulate Landlord from Prior-Rents Scrutiny by Board Santa Monica Rent Control Board v. Pearl Street, LLC, et al. ___Cal.App.4th___, Case No. B15775, (2nd Dist. June 20, 2003).
December 2002: Texas District Court Evaluates Standard for Pre-Suit Notice under RCRA In re Voluntary Purchasing Groups, Inc. Litigation ___ F.Supp.2d ___, Case No. 96-CV - 2985-H (N.D. Tex. Oct. 16, 2002).
Notice of Intent to Sue
January 2006: Plaintiffs Suing in State Court Meet Federal Standard of Notice of Intent to Sue but Fail to Meet State’s Requirement Robert Kaplan v. U.S. Bank, N.A., ___S.W.3d___ ED85640 ( Mo. App. E.D. Nov. 15, 2005)
Nuisance
March 2009: District Court Holds Emissions from TVA’s Coal-Fired Plants in Alabama and Tennessee Are a Public Nuisance to North Carolina State of North Carolina v. Tennessee Valley Authority, ___F.Supp.2d___ 1:06CV20 (W.D. N.C. Jan. 13, 2009)
November 2008: Sewage Backup Caused by Town’s Negligence Held to Be Actionable Nuisance Delores G. Sinotte v. City of Waterbury CV044001115 (Conn. Super. Ct. Aug. 22, 2008)
November 2007: District Court Dismisses California’s Global Warming Nuisance Claims against Automakers State of California v. General Motors Corp., ___ F.Supp.2d___ C06-5755 MJJ (N.D. Cal. Sept. 17, 2007)
November 2005: New York District Court Says Global Warming Is a Non-Justiciable Political Question Connecticut. v. Am. Elec. Power Co., ___F.Supp.2d___ 5669, 5670 (S.D. N.Y. Sept. 19, 2005)
February 2005: Supreme Court of Iowa Affirms Enforcement of Settlement Agreement in Environmental Nuisance Case. Sierra Club v. Wayne Weber LLC, Case No. 107/03-0654 (Iowa Dec. 3, 2004).
December 2004: Supreme Court of Texas Creates Bright-Line Rule for Distinguishing Temporary and Permanent Nuisances Schneider Nat’l Carriers, Inc., et al. v. Andrea L. Bates, et al., ___S.W.3d___ 03-0236 (Tex. Oct. 1, 2004)
June 2004: District Court Holds that Federal Common Law Does Not Apply to Claim by Railroad Operator. Norfolk Southern Railway Company v. Energy Development Corporation, ___F.Supp.2d___ 1:03-0307 (S.D. W.V. March 24, 2004).
February 2003: Texas Court of Appeals Denies Nuisance Claim Based Entirely on Apprehension of Future Harm Union Pacific Resources Company v. Cooper, Case No. 12-01-00279-CV (Tex. App 4Nov. 27, 2002).Union Pacific Resources Company v. Cooper, Case No. 12-01-00279-CV (Tex. App 4Nov. 27, 2002).
Officer and Director Liability
December 2002: Indiana Appellate Court Applies "Responsible Corporate Officer Doctrine" to Officer of a Tire Recycling Facility Commissioner, Indiana Department of Environmental Management v. Roland et al. 2002 Ind. App. LEXIS 1637 (Ind. App. 3rd Dist. Oct. 3, 2002).
Pleading
January 2010: District Court Finds Pleadings Sufficient to Withstand Motion to Dismiss Clean Water Act and RCRA Claims against Walt Disney Company Environmental World Watch, Inc. v. The Walt Disney Company, ___F. Supp.2d___ CV09-04045 DDP (C.D. Cal. 2009)
October 2008: The Waukegan Harbor Saga Continues: U.S. District Court Dismisses City’s Suit against Local Industry City of Waukegan v. National Gypsum Company, et al., ___F.Supp.2d___ 07 C 5008 (N.D. Ill. Sept. 8, 2008)
January 2008: District Court Unable to Classify Superfund Cleanup as Either Removal or Remedial at Pleadings Stage of Cost Recovery Action U.S. v. Sensient Colors, Inc., ___F.Supp.2d___ 07-1275 (D. N.J. Oct. 30, 2007)
April 2006: aaa aaa aaa
July 2003: New Mexico Court Concludes Determination of United States' Interests Does Not Require Extending the Geographic Boundary of Adjudication to Headwaters State of New Mexico ex rel. Office of the State Engineer v. Elephant Butte Irrigation District, et al Case No. CV 96-888 (Third Jud. Dist. Ct. April 2, 2003).
October 2002: Agriculture Activity Protection Statute Bars Suit Against Farmer who Engages in Activities Constituting a Nuisance — Even if the Suit is Pleaded in Trespass Rancho Viejo, LLC v. Tres Amigos Viejos, LLC 100 Cal.App.4th 550 (4th Dist.July 25,2002).
August 2002: Fifth Circuit Remands Environmental Tort Claim to State Court MSOF Corporation v. Exxon Corporation ___F.3d___, Case No.01-30122,(5th Cir.June 20,2002).
Preemption Doctrine
December 2009: Ninth Circuit Finds Low Income Housing Ordinance Is Not Preempted by a U.S. Department of Housing Regulation Barrientos v. 1801-1825 Morton, LLC, ___F.3d___ 07-56697 (9th Cir. 2009)
November 2009: District Court Finds Boston May Not Require an All Hybrid Taxi Fleet Due to Federal Preemption Raphael Ophir and Boston Taxi Owners Association, Inc. v. City of Boston, ___F.Supp.2d___ 09-10467 WGY (D. Mass. 2009)
October 2009: District Court Holds Defendants Not Liable for Violation of a Recently-Enacted Municipal Hazardous Substances Ordinance Village of DePue, Illinois v. Viacom International, Inc., ___F.Supp.2d___ 08-cv-1272, 08-cv-1273 (D. Ill. July 8, 2009)
October 2009: First District Finds County Ordinance Imposing Additional Requirements to Convert Rental Mobilehome Parks to Resident-Owned Was Preempted by Subdivision Map Act Sequoia Park Associates v. County of Sonoma, ___Cal. App.4th___ A120049 (1st Dist. Aug. 21, 2009)
June 2009: The Rapid Rise of Local Green Building Ordinances—Will they Survive Legal Challenge?
May 2009: District Court Holds CERCLA Does Not Preempt State Law Claims for Natural Resource Damages Quapaw Tribe of Oklahoma v. Blue Tee Corp., ___F. Supp.2d___ 03-CV-0846-CVE-PJC (N.D. Okla. Feb. 23, 2009)
January 2009: Ninth Circuit Holds CERCLA’s Provision Superseding State Statutes of Limitations Extends to State Statutes of Repose McDonald v. Sun Oil Co., ___F.3d___ 06-35683 (9th Cir. Nov. 19, 2008)
January 2009: District Court Grants Taxicab Association Injunction against Implementation of State Fuel Economy Regulation Metropolitan Taxicab Board of Trade v. City of New York, ___F.Supp.2d___ 08-7837 (S.D. N.Y. Oct. 31, 2008)
January 2009: New Hampshire Supreme Court holds City Cannot Regulate Boat Docks Due to State Law Preemption Lakeside Lodge, Inc. v. the Town of New London 2008-247 (N.H. Dec. 5, 2008)
August 2008: Third District Court Holds Sacramento County Decision to Close Airport Not Preempted by State Law but Is a ‘Project’ Subject to CEQA Review Sunset Skyranch Pilots Association v. County of Sacramento, ___Cal.App.4th___ C055224 (3rd Dist. July 2, 2008)
August 2008: Industry Brings Legal Challenge to Albuquerque’s Green Building Codes Air Conditioning, Heating and Refrigeration Institute, et al. v. City of Albuquerque 1:2008cv00633, filed, July 3, 2008 (D. N.M)
July 2008: State and Regional Climate Change Initiatives, the Dormant Commerce Clause, and Preemption—Where We’ve Been, Where We Are, and Where We’re Going
April 2008: aaa aaa aaa
November 2007: Third Circuit Holds New Jersey’s State Regulation of Solid Waste Transfer to Rail Cars Not Preempted by Interstate Commerce Commission Termination Act New York Susquehanna and Western Railway Corporation v. Jackson, ___F.3d___ 07-1675 (3rd Dist. Sept. 4, 2007)
October 2007: Second Circuit Holds CERCLA Does Not Preempt State Statute Limiting Dissolved Corporation’s Capacity to Be Sued Marsh v. Rosenbloom, ___F.3d___ 05-0514 (2nd Cir. Aug. 28, 2007)
April 2007: District Court Rules that CERCLA Does Not Preempt State Common Law Claims for Cost Recovery New York v. Ametek, Inc., ___ F.Supp.2d ___ 05 CIV.2186 (S.D. N.Y. Jan. 18, 2007)
March 2007: District Court Declares California’s Automotive Greenhouse Gas Emission Regulations Preempted by the Clean Air Act Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___ CVF 04-6663 AWI LJO (E.D. Cal. Jan. 16, 2007)
February 2007: California Supreme Court Finds City Mobile Home Rent Control Ordinance Not Preempted by State Mobilehome Residency Law Cacho v.. Boudreau, ___Cal.4th___ S133378 (Cal. Jan 11, 2007)
March 2006: Ninth Circuit Holds Local Ordinance Regulating Telecommunications Companies’ Use of Public Rights-of-Way Is Preempted by Federal Telecommunications Law Qwest Communications, Inc. v. City of Berkeley 433 F.3d 1253 (9th Cir. 2006)
January 2006: Sixth District Determines that City Measure to Prevent Fluoridation of Drinking Water Supply Is Preempted by State Law Requiring Fluoridation City of Watsonville v. California Department of Health Services 113 Cal.App.4th 875 (2005)
November 2005: Eighth Circuit Finds Farmer Is Permitted to Sue Pesticide Manufacturer although Label Instructions Were Ignored Wuebker v. Wilbur-Ellis Co 418 F.3d 883 (8th Cir. 2005)
October 2005: Third Circuit Applies Uniform National Rule for Determining Successor Liability under CERCLA United States v. General Battery Corporation, ___F.3d ___ 03-3515 (3rd Cir. Sept. 6, 2005)
August 2005: First District Court Finds City’s Agreement with Tribe Regarding Impacts of Proposed Casino Project Not Subject to Referendum Worthington v. City Council of the City of Rohnert Park, ___Cal.App.4th___ A107547 (1st Dist. June 30, 2005)
July 2005: U.S. Supreme Court Rules that the Federal Insecticide, Fungicide, and Rodenticide Act Preempts Inconsistent State Rules Regarding Labeling of Pesticides Dennis Bates, et al. v. Dow Agrosciences, LLC, ___U.S.___ 03-388 (April 27, 2005)
June 2005: Sixth District Court Holds State Law Preempts County Ordinance Requiring Local Approval for Installation of Multi-Story Mobilehomes County of Santa Cruz v. Waterhouse 127 Cal.App.4th 1483 (6th Dist. 2005)
June 2005: District Court Holds D.C.’s Terrorism Prevention Act Constitutional and Not Preempted by Federal Law CSX Transportation, Inc. v. Anthony A. Williams, et al., ___F.3d___ 05-338 (D. D.C. April 18, 2005)
June 2005: Second Circuit Upholds District Court Ruling that State Environmental Land Use Statute Is Preempted by the Interstate Commerce Commission Termination Act of 1995 Green Mountain Railroad Corporation v. State of Vermont, Vermont Agency of Natural Resources and William H. Sorrell, ___F.3d___ 04-0366 (2nd Cir. April 14, 2005)
April 2005: The Consolidated Farm and Rural Development Act—Federal Preemption of State Water Distribution Laws
July 2004: Court of Appeal Finds Lodi’s Municipal Environmental Ordinance Is Preempted by California Statute. City of Lodi v. Randtron 118 Cal. App. 4th 337 (2004).
June 2004: California Court of Appeal Finds State Statue Preempts Municipal  Authority Over Cleanup of State-Listed Sites City of Lodi v. Randtron, ___Cal.App.4th___ C037445, C038921 (Cal.App. 3rd Dist. May 5, 2004).
August 2003: Where Plaintiff Sought Non-CERCLA Damages, Plaintiff Could Not Obtain Benefit of CERCLA’s Discovery Rue to Prevent Running of Statute of Limitations Morgan v. Exxon Corp. Case No. 1012345 (Ala. June 13, 2003).
August 2003: Illinois District Court Holds CERCLA Strips Court of Jurisdiction to Hear Equitable Relief Claims Related to CERCLA Site Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C. 1086, (N.D. Ill. June 5 (revised June 9) 2003).
August 2003: Fifth Circuit Affirms the Federal Insecticide, Fungicide and Rodenticide Act Preemption of State Labeling Laws for Pesticides Dow Agrosciences, LLC v. Bates 332 F.3d 323 (5th Cir. June 11, 2003).
July 2003: Sixth Circuit Affirms Ruling that Tennessee Statute Imposing an Annual Fee on Interstate Hazardous Waste Transporters Is Preempted by Federal Hazardous Materials Transportation Act Tennessee v. U.S. Department of Transportation ___F.3d___, Case No. 01-5373 (6th Cir. April 23, 2003)
July 2003: Ninth Circuit Holds California's Ban on MTBE Not Preempted under the Clean Air Act Oxygenated Fuels Association Inc. v. Davis ___F.3d ___, Case No. 01-17078 (9th Cir. June 4, 2003).
February 2003: Eleventh Circuit Finds FIFRA Preempts Claim on Failure to Warn about Fire Hazards of Pool Chlorinating Product Lowe's Home Centers, Inc. v. Olin Corporation ___F.3d___, Case No. 0210518 (11th Cir. Dec. 6, 2002).
Prejudgment Interest
October 2004: First Circuit Allows Prejudgment Interest in CERCLA Section 113 Contribution Action American Cyanamid Company v. Capuano, ___F.3d___ 03-2143 (1st Cir. Aug. 18, 2004)
Prevailing Party
May 2008: First District Court Holds CEQA Lawsuit Does Permit Prevailing Party to Obtain Costs Associated with Reparation of Record Agreed to, but Prepared by, Opposing Party St. Vincent’s School for Boys, Catholic Charities CYO v. City of San Rafael, ___Cal.App.4th___ 73 Cal.Rptr.3d 512 (1st Dist. 2008)
May 2008: Third District Court Overturns Attorneys’ Fees Award against the California Coastal Commission Marine Forests Society v. California Coastal Commission 160 Cal.App.4th 867 (3rd Dist. Mar. 4, 2008)
April 2008: aaa aaa aaa
February 2008: Fourth Circuit Affirms Catalyst Theory’s Applicability to Non-Prevailing Party Fee-Shifting Provision Ohio River Valley Environmental Coalition v. Green Valley Coal Company, ___F.3d___ 06-1475, 4th Cir. Dec. 19, 2007)
November 2007: District Court Rejects Use of Consent Order to Establish Plaintiff as ‘Prevailing Party’ in Parallel RCRA Suit Initiated by Private Party Menard, Inc. v. Wells Manufacturing Company, ___F.Supp.2d___ 03 C 8313 (N.D. Ill Sept. 11, 2007)
December 2005: Third Circuit Allows Award of Attorneys’ Fees in RCRA Citizen-Suit Case Based upon Market Rates where Counsel Is Located, Not in Venue where Case Is Litigated Interfaith Community Organization v. Heller-Jersey City, L.L.C., ___F.3d ___ 04-3702 (3rd Cir. Oct. 19, 2005)
December 2005: Tenth Circuit Provides Guidance on How to Determine a ‘Prevailing Party’ in Fee-Shifting Cases Browder v. City of Moab, ___F3d___ 04-4198 and 04-4206 (10th Cir. Oct. 14, 2005)
Private Attorney General Doctrine
April 2008: aaa aaa aaa
December 2007: Second District Court Rules Real Party In Interest May Be Liable for Attorneys’ Fees as an ‘Opposing Party’ under Private Attorney General Doctrine Mejia v. City of Los Angeles et al. 156 Cal.App.4th 151 (2nd Dist. 2007)
May 2007: Third District Holds Attorney General Cannot Recover Attorneys’ Fees under the Private Attorney General Doctrine when Acting on Behalf of California People ex rel. Brown v. Tehama County Board of Supervisors 148 Cal.App.4th 790 (3rd Dist. 2007)
Privity of Contract
February 2009: District Court Dismisses Citizen Suit under RCRA against Environmental Consultant Due to Lack of Privity of Contract Ridge Seneca Plaza, LLC v. BP Products North America, et al., ___F.Supp.2d___ 06-CV-6333 (W.D. N.Y. Dec. 16, 2008)
Prudential Mootness
July 2008: Third Circuit Holds Developer’s Filling of Wetlands Rendered Environmentalists’ Challenge to Fill Permit Prudentially Moot Sierra Club v. U.S. Army Corps of Engineers, ___F.3d_ __ 06-4887 (3rd Cir. May 14, 2008)
Prudential Standing
November 2009: Ninth Circuit Holds that Intrastate Plaintiffs Must Have ‘Prudential Standing’ to a Bring Claim under the Dormant Commerce Clause City of Los Angeles, et al v. County of Kern, et al., ___F.3d___ 07-56564, 08-56622 (9th Cir. Sept. 9, 2009)
Punitive Damages
August 2008: U.S. Supreme Court Holds Punitive Damages Awarded Against Exxon Excessive as a Matter of Maritime Common Law Exxon Shipping Company v. Baker, ___U.S.___ 07-219, (U.S. June 25, 2008)
April 2008: U.S. Supreme Court Hears Arguments in Exxon Valdez Oil Spill Case—Decision Expected to Impact Punitive Damages in Environmental Cases Exxon Shipping Company et al. v. Baker et al. 07-219, U.S. Supreme Court, Feb. 27, 2008
January 2008: West Virginia Jury Hits Dupont with $196 Million in Punitive Damages for ‘Willful and Wanton’ Conduct
May 2007: Eleventh Circuit Finds No Reasonable Basis to Challenge Jury Decision Awarding Punitive Damages Action Marine, Inc. v. Continental Carbon Inc., ___F.3d___ 06-11311 (11th Cir. March 21, 2007)
February 2007: Ninth Circuit Reduces the Ratio of Punitive Damages to Actual Economic Harm in the Toxic-Tort Arena In re: The Exxon Valdez v. Exxon Mobile Corp, ___F.3d___ 04-35182, 04-35183 (9th Cir. Dec. 22, 2006)
November 2003: Damage Award of over $217 Million for PCB Contamination Reversed on Appeal in Kentucky State Court Rockwell Int’l Corp. v. Wilhite Case No. 1997-CA- 000188-MR (Ky. App. Aug. 8, 2003).
Quo Warranto Actions
August 2008: California Attorney General Grants District Attorney Permission to File Suit Seeking Removal of Local Water Official from Incompatible Office 91 Ops. Cal. Att’y Gen. 25 (2008)
Record on Appeal
May 2008: First District Court Holds CEQA Lawsuit Does Permit Prevailing Party to Obtain Costs Associated with Reparation of Record Agreed to, but Prepared by, Opposing Party St. Vincent’s School for Boys, Catholic Charities CYO v. City of San Rafael, ___Cal.App.4th___ 73 Cal.Rptr.3d 512 (1st Dist. 2008)
Res Judicata
April 2009: Seventh Circuit Holds Clean Water Act Citizen’s Suit Barred on Res Judicata Grounds by Subsequently Initiated State Settlement Friends of Milwaukee’s Rivers and Alliance for the Great Lakes v. Milwaukee Metropolitan Sewerage District, ___F.3d___ 08-1103 (7th Cir. Feb. 13, 2009)
December 2008: District Court Dismisses RCRA Complaint on the Basis of Res Judicata of Prior Clean Water Act Case and Consent Decree Northern California River Watch v. Redwood Oil, Inc., ___F.Supp.2d___ C 08-02141 WHA (N.D. Cal. Oct. 15, 2008)
June 2006: News from the West Strawberry Water Users Association v. United States and Central Utah Water Conservancy District, ___F.Supp.2d___ 2:01-CV-0295BSJ (D. Ut. March 3, 2006); In re the General Adjudication of All Rights to Use Water in the Gila River System and Source, 127 P.3d 882 (Ariz. 2006) (Gila VI); Canal developments in California
April 2006: Arizona Supreme Court Rules that a 1935 Federal Consent Decree Has a Preclusive Effect on Water Claims by Tribe to Additional Water the Gila River, but Not on Water from Its Tributaries In re the General Adjudication of All Rights to Use Water in the Gila River System and Source 127 P.3d 882 (Ariz. 2006) (Gila VI)
August 2005: Colorado Supreme Court Upholds Water Court’s Denial of Applicant’s Change Case for ‘Developed Water’ and Determination that Existing Decree Can Be Re-Opened to Examine Historic Nature and Use Ready Mixed Concrete Company v. Farmers Reservoir and Irrigation Company, et.al., ___ P.3d ____ 04SA285 (Colo. June 13, 2005)
August 2005: District Court Rules that a Party May Bring a CERCLA Action after Losing State Court Environmental Tort Case Based on the Same Alleged Contamination Doyle v. Town of Litchfield, ___ F.Supp.2d ___ 3:02 CV 656 (JCH) (D. Conn. May 31, 2005)
November 2004: Ninth Circuit Holds that Res Judicata Bars Litigation by Environmental Group when Same Claims and Interests Were Advanced by Previous Plaintiff Headwaters Inc. v. U.S. Forest Service, ___F.3d___ 01-35898 (9th Cir. Sept. 8, 2004)
February 2004: Ninth Circuit Holds that Conservation Easement Claims Brought by City after a Civil Compromise Were Not Barred by Res Judicata City of Martinez v. Texaco Trading & Transportation, Inc. et al. ___F.3d___, Case No. 02-16436 (9th Cir. Dec. 24, 2003).
April 2003: Ninth Circuit Finds Res Judicata Bars Latest Lawsuit Related to 1987 Tahoe Regional Plan Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency ___ F.3d____, Case No. 00-16660 (9th Cir. Feb. 28, 2003).
Right to Court Trial
April 2006: aaa aaa aaa
Ripeness Doctrine
January 2008: In CERCLA Action to Declare Liability Where No Response Costs Have Been Incurred, District Court Dismisses Section 113 Claim but Permits Section 107 Claim Reichhold, Inc. v. U.S. Metal Refining Company, ___F.Supp.2d___ 03-453 (D. N.J. Nov. 15, 2007)
August 2005: U.S. Supreme Court Holds that State Court Decision on Fifth Amendment Takings Claim Precludes Later Federal Court Review San Remo Hotel, L.P., et al. v. City and County of San Francisco, et al., ___U.S.___ 04-340 (June 20, 2005)
August 2005: Thrice More into the Breach: The U.S. Supreme Court Takes on Takings in Kelo, San Remo and Lingle
December 2004: Business May Challenge the Validity of Environmental Protection Act Violations Notice where It Has Ceased Operations Alternate Fuels Inc. v. Director of the Illinois Environmental Protection Agency et al. 96071 (Ill. Oct. 21, 2004)
March 2004: Ninth Circuit Rules Mobile Home Park’s Regulatory Takings Claim Is Unripe Due to Failure to Exhaust State Court Remedies Carson Harbor Village, Ltd. v. City of Carson 353 F.3d 824 (9th Cir. 2004).
October 2003: California Energy Commission’s Decision to Approve a Power Plant Did Not Become Ripe for Judicial Challenge Until 30 Days after the Decision Was Filed with Its Docket Unit Figueroa v. California Energy Com 110 Cal.App.4th 1115 (4th Dist. 2003.)
June 2001: Ninth Circuit Sets Aside City Ordinances Regulating Telecommunication Companies Finding Preemption under the Telecommunications Act of 1996 City Of Auburn Et Al. V. Qwest Corporation, ____ F.3d ____, (9th Cir. April 24, 2001).
Self Critical Analysis Privilege
October 2004: Illinois Federal District Court Declines to Apply the Self-Critical Analysis Privilege” in Environmental Case Ludwig v. Pilkington North America, Inc., ___F.Supp.2d___ 03 C 1086 (N.D. Ill. Aug. 13, 2004)
Service of Summons
January 2009: Fourth District Court Rules Subdivision Map Act’s 90-Day Service of Summons Requirement Applies to CEQA Causes of Action Friends of Riverside’s Hills v. City of Riverside, ___Cal. App.4th___ EO42724 (4th Dist. Nov. 24, 2008)
May 2003: In Subdivision Map Act Case, 90-Day Deadline to Serve Summons Is Inflexible Statute of Limitations Sprague v. County of San Diego 106 Cal.App.4th 119 (4th Dist. 2003).
Settlement Agreements
April 2006: Settling with Certainty—California Courts of Appeal Grapple with Challenges to the Settlement of Land Use Litigation
February 2005: Supreme Court of Iowa Affirms Enforcement of Settlement Agreement in Environmental Nuisance Case. Sierra Club v. Wayne Weber LLC, Case No. 107/03-0654 (Iowa Dec. 3, 2004).
SLAPP Suits
December 2005: 2005 Land use Legislation Wrap Up
March 2005: Citizens’ Petition to Compel City to Process Coastal Development Permit Is Not a SLAPP Suit despite Pending Appeal of State-Adopted Local Coastal Plan Visher v. City of Malibu, ___Cal.App.4th___ B173471 (2nd Dist. Feb. 1, 2005)
Sovereign Immunity
January 2010: Ninth Circuit Clarifies Application of Sovereign Immunity under the Quiet Title Act Robinson v. U.S., ___F.3d___ 07-17052 (9th Cir. Nov. 2, 2009)
August 2009: Eighth Circuit Finds that State of Missouri Waived Sovereign Immunity by Joining in Clean Water Act Suit U.S. v. Metropolitan St. Louis Sewer District, ___F.3d___ 08-3399EM (8th Cir. May 14, 2009)
February 2009: Tenth Circuit Allows Inter-State Fight over Water to Continue—Finds No Eleventh Amendment Immunity Barring the Action Tarrant Regional Water District v. Sevenoaks, ___F.3d___ 07-6273 (10th Cir. 2008)
January 2009: California Dismissed From COSCO BUSAN Suit Stemming from San Francisco Bay Oil Spill Based on Eleventh Amendment Sovereign Immunity U.S. v. M/V COSCO BUSAN, LR/IMO SHIP NO. 9231743, et al. 07-6045 SC, (N.D. Cal.)
June 2008: District Court Holds ‘Federal Facilities’ Provision of the Resource Conservation and Recovery Act Does Not Create Private Cause of Action In re Katrina Canal Breaches Consolidated Litigation, ___F.Supp.2d___ 05-4182 (E.D. La April 16, 2008)
October 2007: Maine May Regulate Discharges Pursuant to the Clean Water Act on Tribal Lands LandsState of Maine v. Stephen L. Johnson, Administrator, U.S. EPA, ___F.3d___ 04-1363 (1st Dist. Aug. 8, 2007)
July 2007: Second Circuit Holds States’ Lawsuits against Oil Companies for MTBE Contamination of Drinking Water Supplies May Be Heard in State Court In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.3d___ 04-5974-cv(L) and 04-6056-cv(CON) (2nd Cir. May 24, 2007)
February 2007: California Supreme Court Finds U.S. Constitution Authorizes Fair Political Practices Commission To Sue Indian Tribe For Alleged Violations of Political Reform Act Agua Caliente Band of Cahuilla Indians v. Superior Court, ___Cal. 4th___ S123832 (Cal. Dec. 21, 2006)
October 2005: Environmental Enforcement: California and Other States Grapple with Land Use Covenants on Federal Property
October 2005: Eighth Circuit Finds Army Corps Has Clean Water Act Immunity from Action Seeking Injunctive Relief for a Discharge of Water from a Lake into a River State of North Dakota v. U.S. Department of the Army, et al 418 F.3d 915, (8th Cir. 2005)
August 2005: U.S. Supreme Court Upholds Federal Government’s Sovereign Immunity in Farmers’ Suit for Breach of Water Contract Orff v. United States, 545 U.S.___ 03-1566 (U.S. June 23, 2005)
July 2005: First Circuit Holds that RCRA Does Not Waive the Government’s Sovereign Immunity from Private Actions to Recover Cleanup Costs Marina Bay Realty Trust, LLC v. United States, ___F.3d___ 04-1909 (1st Cir. May 3, 2005)
July 2005: Tennessee Court of Appeals Dismisses Action against State Agency Alleging Negligent Advice Concerning Disposal of Hazardous Waste Wells v. State of Tennessee E2004-02345-COA-R3-CV (Tenn. App. April 28, 2005)
January 2005: Supreme Court of Virginia Bars Toxic Water Claims under Sovereign Immunity Doctrine City of Chesapeake v. Helen Cunningham 604 S.E.2d 420 (S.Ct. Va. Nov. 5, 2004)
November 2004: Developer Unsuccessful in Suing Michigan for Potential Trespass of State Contamination Postma v. County of Ottawa and Waste Management of Michigan, Inc., Mich. Court of Appeals 243602, 2004 WL 1949317 (Mich. App. Sept. 2, 2004)
Spoliation of Evidence
August 2009: District Court Sanctioned CERCLA Plaintiff for Failure to Preserve Pre-Litigation Evidence Innis Arden Golf Club v. Pitney Bowes, Inc., ___F. Supp.2d___ 3:06cv1352 JBA (D. Conn.May 21, 2009)
Standard of Proof
October 2004: District Court Denies Summary Judgment under CERCLA where Elements of Both “Arranger” and “Successor” Liability Were Not Proven Signature Combs, Inc. v. United States, ___F.Supp.2d___ 98-2777 D, 93-2968, 00-2245 D (W.D. Tenn. Aug. 20, 2004)
Standing
December 2009: Kivalina Village Global Warming Litigation against Energy Companies Dismissed on Political Question Grounds Native Village of Kivalina, Alaska v. ExxonMobil Corp., et al., ___F.Supp.___ c-08-1138 (N.D. Cal. 2009)
August 2009: Utah Court of Appeals Upholds Lower Court Decision that Land Owner Lacked Standing to Challenge Sewer and Water Service Fees Edwards v. Powder Mountain Water and Sewer 2009 Ut.App 185 (Ut. App. July 9, 2009)
August 2009: Second District Court Finds Non-Owner Residents within Planned Development Lacked Standing to Enforce Governing Documents Martin v. Bridgeport Community Association, ___Cal. App.4th___ B206686 (2nd Dist. 2009).
April 2009: U.S. Supreme Court Revisits Constitutional Standing—Requires a ‘Concrete and Particularized’ Personal Stake in the Case or Controversy Summers v. Earth Island Institute, ___U.S.___ 07-463 (March 2, 2009)
January 2009: Virginia Court of Appeals finds Standing For Chesapeake Bay Foundation to Challenge Wetlands Permit Extension for King William Reservoir Chesapeake Bay Foundation v. Commonwealth of Virginia 2545-07-02 (VA.App. Nov. 4, 2008)
November 2008: Utah Court of Appeals Affirms Ruling that Traditional Standing Requirements Be Satisfied to Seek Judicial Review Brown v. Utah Division of Water Rights 2008 UT. App. 353 (Ut.App. Oct. 2, 2008)
July 2008: Fifth Circuit Holds EPA’s Consent Decree Moots Clean Water Act Citizen Suit Environmental Conservation Organization v. City of Dallas, ___F.3d___ 07-10583, (5th Cir. May 27, 2008)
November 2007: District Court Dismisses Environmental Groups’ Challenge to Post-Katrina Orders Altering Solid Waste Disposal Regulations for Lack of Standing Louisiana Environmental Action Network v. McDaniel, ___F.Supp.2d ___ 06-4161, Slip Op. (E.D. La 2007)
October 2007: Second District Court Holds Business Competitor Lacks Standing to Bring CEQA Lawsuit
January 2007: Utah Supreme Court Clarifies Stance on Standing, Grants Sierra Club Standing to Challenge Power Plant Construction Permit Utah Chapter of the Sierra Club v. Utah Air Quality Board & Sevier Power Co., ___ P.3d ___ 20050455 (Utah Nov. 21, 2006)
January 2007: Second District Court Finds Late Night City Council Meetings Not Properly Challenged by Two Santa Monica City Council Members Holbrook v. City of Santa Monica, ___ Cal.App.4th ___ B182990 (2nd. Dist. Nov. 20, 2006)
June 2006: Second Circuit Finds Union Has Standing but Failed to Properly Plead Clean Water Act Claim Building and Construction Trades Council of Buffalo, New York and Vicinity v. Downtown Development, Inc., ___F.3d___ 04-4865-CV (2nd Cir. May 6, 2006)
May 2006: District Court Dismisses Seven of Eight Claims Challenging the All-American Canal Lining Project Consejo De Desarrollo Economico De Mexicali, AC v. United States, ___F.Supp.2d___ CV-S-05-0870 (D. Nev. Feb. 9, 2006)
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January 2006: Declarations Regarding Possible Fair Market Value Loss of Member’s Home Is Insufficient to Establish ‘Standing’ to Sue EPA under Alleged RCRA Violation GrassRoots Recycling Network, Inc. v. U.S. Environmental Protection Agency, ___F.3d___ 04-1196 (D.C. Cir. Nov. 18, 2005)
September 2005: Corps of Engineers’ Issuance of Revised Nation Wide Permits Was ‘Final Agency Action’ Subject to Review under the Administrative Procedure Act National Ass’n of Home Builders, et al. v. U.S. Army Corps of Engineers, ___F.3d___ 04-5009 (D.C. Cir. July 29, 2005)
September 2005: Texas Court of Appeals Denies Tort Remedies to Landowner Who Purchased Property after Contamination Occurred West v. Brenntag Southwest, Inc., 06-04-00080-CV (Sixth Dist. Tex.App. July 20, 2005)
September 2005: District Court Finds Supreme Court’s Cooper Decision Bars CERCLA Cost Recovery Claims by One Private Party against Another CadleRock Properties Joint Venture, L.P. v. Schilberg, ___F.Supp.2d___ 3:01CV896 (D. Conn. July 18, 2005)
August 2005: Federal Official’s Failure to Follow Procedural Requirements under the Clean Air Act Resulted in an Erroneous Issuance of a Construction Permit National Parks Conservation Association, et al v. Craig Manson, ___F.3d___ 04-5327 (D.C. Cir. July 1, 2005)
August 2005: Seventh Circuit Holds that NRDC Lacks Standing to Challenge EPA’S General Permit Scheme for Construction Stormwater Discharge, but Has Standing to Challenge Procedures for Creating the General Permit Scheme Texas Independent Producers & Royalty Owners Ass’n v. U.S. Environmental Protection Agency, ___F.3d___ 03-3277, 03-3278, 03-3279, 03-3280, 03-3281 & 03-3865 (7th Cir. June 13, 2005)
August 2005: Ninth Circuit Holds that CERCLA Does Not Apply to Contamination at Former Military Bases in the Philippines Arc Ecology v. U.S. Department of the Air Force, ___ F.3d ___ 04-15031 (9th Cir. June 15, 2005)
June 2005: District Court Grants Motions to Dismiss Third- Party Defendants under RCRA, where Complainants Had No Standing and Indemnity Agreements Precluded Claims FCA Associates v. Texaco, Inc. et al., ___F.Supp.2d___ 03-CV-0683T(W.D. N.Y March 31, 2005)
May 2005: Are the Clean Water Act’s Citizen Suit Provisions Being Abused in California?
December 2004: Ninth Circuit Rules Whales Do Not Have Standing to Sue under the Federal Endangered Species Act Cetacean Community v. Bush, ___F.3d___ 03-15866 (9th Cir. Oct. 20, 2004)
December 2004: Sixth Circuit Finds Groups Have Standing in Clean Water Act Litigation: American Canoe Association Paddles Local Sewer Commission American Canoe Association v City of Louisa Water & Sewer Commission, ___F.3d___ 02-6018, 2004 WL 243536 (6th Cir. Nov. 1, 2004)
July 2004: Oregon Court of Appeals Takes Broad View of Standing, Narrow View of Municipal Rights, in Challenge to Water Permit Issuance. Water Watch of Oregon v. Water Resources Comm’n 193 Or.App. 87, 88 P.3d 327 (2004).
July 2004: Sixth Circuit Dismisses Clean Water Act Citizen Suit Based on City’s Improvement to Wastewater Treatment Systems. Ailor v. City of Maynardville, ___F.3d___ 01-6562 (6th Cir. May 17, 2004).
April 2004: Disabled Person Seeking to Enforce Rights under the Fair Housing Amendments Act Need Not Have an Interest in Purchasing or Renting Property for Standing to Sue Smith v. Pacific Properties and Development Corporation ___ F.3d___, Case No. 03-15656 (9th Cir. Jan. 26, 2004).
March 2004: Ninth Circuit May Have Found Global Standing for Ozone Citizen Suits Covington v. Jefferson County, State of Idaho, District 7 Health Department ___F.3d___, Case No. 02-36000 (9th Cir. Feb. 5, 2004).
January 2004: D.C District Court Issues Decision Setting Aside the Department of the Interior’s “No Surprises Rule” on Procedural Grounds Spirit of Sage Council, et al. v. Babbitt, et al. ___F.Supp.2d___, Case No. 98-1873 (D. D.C. Dec. 12, 2003).
December 2003: District Court in Indiana Holds that City May Not Bring Natural Resources Damages Action under CERCLA The Consolidated City of Indianapolis v. Union Carbide Corp ___F.Supp.2d___, Case No. 1:02-CV-1340-LJM-WTL (S.D. Ind. Oct. 8, 2003)
October 2003: Second Circuit Affirms Dismissal on Basis of Lack of Standing New York Coastal Partnership, Inc. v. U.S. Dep’t of the Interior ___F.3d___, Case No. 02-6132 (2nd Cir. Aug. 18, 2003).
May 2003: Court of Appeals: Tenth Circuit Applies the "Wholly Past" Doctrine to the Resource Conservation and Recovery Act Chemical Weapons Working Group, Inc., et al. v. Sierra Club, et al. ___F.3d___, Case No. 00-4110 (10th Cir. March 18, 2003).
March 2003: North Carolina Court Finds Environmental Groups Have No Standing to Bring Common Law Claims over Alleged Contamination to State Waters Neuse River Foundation, Inc. et al. v. Smithfield Foods, Inc., et al Case No. COA01-1205, (N.C. App. Dec. 31, 2002)
December 2002: Federal Court Jurisdiction of Citizen Suits under the Clean Air Act and Clean Water Act: Will the Ninth Circuit Ease the Path into Court for Citizen Plaintiffs?
November 2002: Ninth Circuit Finds the Threat of Environmental Harm May Confer Standing if the Harm Is "Sufficiently Concrete" Central Delta Water Agency v. United States ___F.3d___, Case No. 01-16172 (9th Cir. Sept. 26, 2002).
October 2002: Court of Appeal: Tenth Circuit Upholds Summary Judgment for Defendant in Clean Water Act Case where there Was No Evidence of Point-source Discharge Bufford v. Williams, ___F.3d___,Case No.00-6055 (10th Cir.July 2,2002).
September 2002: Tenth Circuit Upholds Summary Judgment for Defendant in Clean Water Act Case where There Was No Evidence of Point-source Discharge Bufford v. Williams, ___F.3d___,Case No.00-6055 (10th Cir.July 2,2002).
August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002).
July 2002: The Challenge of Corporate Standing under the California Environmental Quality Act
Statute of Limitations
December 2009: District Court Revisits the Statute of Limitation for Claims—Applies California Law as to Claims by the Orange County Water District In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 1358, Case No. M21.88 (S.D. N.Y. Nov. 16, 2009)
June 2009: District Court Decides Clean Air Act Claims Were Barred by Statute of Limitations and Concurrent Remedy Doctrine Sierra Club v. Otter Tail Corp., ___ F.Supp.2d ___ 1:2008cv01012 (D. S.D. April 6, 2009)
March 2009: Fourth District Finds Expedited First Amendment- Related Permit Statute, and Its 21-Day Statute of Limitations Does Not Bar Third Party Litigants Stearn v. County of San Bernardino, et al., ___Cal.App.4th___ E044388 (2nd Dist. Jan. 22, 2009)
October 2008: First District Court Finds Challenge to City’s Housing Element Barred by Statute of Limitations Urban Habitat Program v. City of Pleasanton, ___Cal.App.4th___ A118327 (1st Dist. July 22, 2008)
February 2008: Second District Court Finds Quiet Title Action to Parking Spaces Required to Be Transferred Pursuant to CC&Rs Timely Filed by Party in Posession Crestmar Owners Association v. Stapakis, ___Cal.App.4th___ B191049 (2nd Dist. Dec. 13, 2007)
August 2007: U.S. Potentially Time Barred from Recovering $22 Million against Discharger Impacting Soil and Water under Pennsylvania Statutes U.S. v. Sonoco, Atlantic Ridgefield Company, ___F.Supp.2d___ CIV. A. 05-6336-ABB (D. Penn. July 12, 2007)
August 2007: First District Affirms Ruling that Citizen Group Missed CEQA’s Statute of Limitations to Challenge Approval of Redevelopment Project Citizens for a Megaplex-Free Alameda v. City of Alameda, et al. 149 Cal.App.4th 91 (1st Dist. 2007)
May 2007: Third District Finds Subdivision Map Act’s Statute of Limitations Applies to Challenge Conditions on Proposed Development Fogarty v. City of Chico, ___Cal.App.4th___ C052576 (3rd Dist. March 12, 2007)
February 2007: District Court Holds that Recovery of Response Costs under CERCLA and State Law Are Subject to Statutes of Limitations Triggered by Response Actions Not Approved by EPA City of Moses Lake v. U.S., ___F.Supp.2d___ 04-0376 (E.D. Wash Dec. 7, 2006)
April 2006: Late-Filed Challenge to Increased Water Service Connection Fee Dismissed Citizens Against Unlawful Fees v. Nipomo Community Services District CV 050920, San Luis Obispo County Superior Court (Jan. 26 2006)
March 2006: Kentucky Is a “One-Disease” State for Toxic Exposure Combs v. Albert Kahn & Associates Inc. 2004-CA_002178-MR (Ky. App. Jan. 1, 2006)
October 2005: New Mexico District Court Rules that the United States Owns Property in the Middle Rio Grande Conservancy District—District Appeals Rio Grande Silvery Minnow v. Keys, ___F.Supp.2d___ 99-1320 (D. N.M. July 25, 2005), appeal filed, Sept. 9, 2005 (10th Cir.)
September 2005: Fifth Circuit Finds CERCLA’s Federally Required Commencement Date Does Not Preempt a Texas Statute of Repose Burlington Northern & Santa Fe Railway Company v. Skinner Tank Company, ___F.3d___ 04-11217 (5th Cir. July 28, 2005)
September 2005: Penalty Appeals Before the Environmental Protection Agency—Environmental Appeals Board In re: Norman C. Mayes, Docket No RCRA-UST-04-2002-001 (2005)
August 2005: Michigan Appellate Court Finds Property Owners Time-Barred from Bringing Suit for Well-Documented Methane Contamination Beauchamp et al. v. Ford Motor Company, et al., 02-012608-CE (Mich. App. May 24, 2005)
June 2005: Judge Says Statute of Limitations Bars Tribe’s Claims for Compensation for Alleged Damages Sustained to Tribal Fishing Rights Klamath Tribes of Oregon v. PacifiCorp, ___F.Supp.2d___ 04 – 644 – CO (D. Or. April 21, 2005)
March 2005: Fourth District Court Rules Service of Petition Was Untimely for Conditional Use Permit Challenge and without Exception under Government Code Royal Carpet Mills, Inc. v. City of Irvine 125 Cal.App.4th 1110 (4th Dist. 2005)
January 2005: Fourth District Court Finds County Landfill Monitoring Wells Are Not an “Improvement” Giving Rise to Cause of Action for Negligent Development of Land Gaggero v. County of San Diego, ___Cal.App.4th___ D043012 (4th Dist. Dec. 1, 2004)
January 2005: Illinois District Court Declines to Dismiss Groundwater Contamination Claim under the Statute of Limitations Ludwig v. Pilkington North America, Inc., ___ F.Supp.2d ____ 03 C 1086 (N.D. Ill. Oct. 25, 2004)
December 2004: Supreme Court of Texas Creates Bright-Line Rule for Distinguishing Temporary and Permanent Nuisances Schneider Nat’l Carriers, Inc., et al. v. Andrea L. Bates, et al., ___S.W.3d___ 03-0236 (Tex. Oct. 1, 2004)
December 2004: Third District Rejects Holding in McCormick v. Board of Supervisors—Finds CEQA Requirement to Request a Hearing within 90-days Satisfied by Document Entitled “Request for a Hearing”. Association for Sensible Development at Northstar, Inc. v. Placer County (Northstar Mountain Properties, LLC) ___Cal.App.4th___ CO44364 (3rd Dist. Oct, 4, 2004)
November 2004: Landfill Operator Loses All Claims in Contribution Due to Lapsed Statute of Limitations under CERCLA Schaeffer v. Town of Victor, ___F.Supp.2d___ 99-CD-6010 (W.D. N.Y. Sept. 23, 2004)
November 2004: Texas Court of Appeals Finds “Disposal” Requires Affirmative Conduct and “Knowingly” Does Not Require Knowing that Waste Is Categorized as Hazardous. Mark Slott, et al., v. State of Texas, Texas Court of Appeals 14-02-01294-CR, 14-02-01295-CR, 14-02-01296-CR, 14-02-02197-CR (Tx. App. Oct. 12, 2004)
October 2004: California Supreme Court Rules on Statutory Deadlines for Filing Actions Challenging Local Zoning and Planning Decisions Based on Preemption Travis v. County of Santa Cruz, ___Cal.4th___ S109597 (Cal. July 29, 2004)
October 2004: Landowner Is Time Barred from Challenging Predecessor’s Irrevocable Offer of Dedication Made in Return for Development Entitlements Serra Canyon Co., Ltd. v. California Coastal Commission 120 Cal.App.4th 663 (2nd Dist. 2004)
July 2004: District Court Dismisses as Time-Barred Claims for Damage Allegedly Caused by Air Pollution. Mest v. Cabot Corporation, ___F.Supp.2d___ 01-4943 (E.D. Penn. April 29, 2004).
May 2004: Neighbor’s Challenge to County Excusing Developer from Completing Road Improvements Was Barred under the Subdivision Map Act’s Statute of Limitations Anthony v. Snyder 116 Cal.App.4th 643 (4th Dist. 2004).
April 2004: Statute of Limitations Period for Development Fee Challenges Will Not Apply Where City Failed to Follow Statutory Requirements Barratt American, Inc. v. City of Encinitas ___Cal.App.4th___, Case No. D041162 (4th Dist. Feb. 10, 2004).
April 2004: Sixth District Court Upholds City’s Exercise of Eminent Domain to Create Easements for City Road Improvements City of Saratoga v. Hinz ___Cal.App.4th ___ Case No. H023549 (6th Dist. Feb. 20, 2004).
March 2004: Sixth Circuit Finds the Equitable Nature of CERCLA Does Not Constitute Grounds for Reopening of Allocation Judgments Kalamazoo River Study Group v. Rockwell Intn’l Corp ___F.3d___, Case Nos. 01-2453, 02-2192 (6th Cir. Jan. 14, 2004).
March 2004: Eighth Circuit Addresses Statute of Limitations for Environmental Torts and Related Breaches of Lease under Arkansas Law Highland Industrial Park, Inc. v. B.E.I. Defense Systems Company ___F.3d___, Case No. 02-4024/03-1276 (8th Cir. Feb. 4, 2004).
November 2003: Tenth Circuit Allows State Of Colorado’s Late Cost Recovery Claim State of Colorado v. Sunoco, et als. ___F.3d___, Case No. 02-1014 (10th Cir. Aug. 5, 2003).
October 2003: Tenth Circuit Holds Statute of Limitations Bars Claim against Government for Pollution Resulting from World War II Weapons Testing Cannon v. United States of America ___F.3d___, Case No. 02-4059/4066 (10th Cir. Aug. 11, 2003).
October 2003: Massachusetts District Court Grants Summary Judgment to Seller of Contaminated Property in Action to Recover for Environmental Contamination American Fiber & Finishing, Inc., Trustee of American Fiber & Finishing, Inc. Realty Trust v. Tyco Healthcare Group, LP. ___F.Supp.2d ___, Case No. C.A. 01- 10294-GAO (D. Mass. July 28, 2003).
July 2003: Despite Decades of Litigation, CERCLA Preemption Remains an Open Issue
June 2003: Tenth Circuit Applies Doctrine of Continuing Nuisance to Groundwater Pollution Claim under Federal Tort Claims Act Hoery v. United States ___F.3d ___, Case No. 011100 (10th. Cir., April 11, 2003).
June 2003: In a Case of First Impression, California Court of Appeal Holds One-Year Statute of Limitation Applies to Action to Recover Penalties under Proposition 65 Shamsian v. Atlantic Richfield Company ___Cal.App.4th___, Case No. B157698 (2nd Dist. April 10, 2003).
January 2003: Tenth Circuit Finds Cleanup Action Brought against the U.S. under the Federal Tort Claims Act Is TimeBarred Plaza Speedway, Inc. v. United States ___F.3d___, Case No. 013186 (10th Cir. Nov. 27, 2002).
January 2003: Ninth Circuit Finds CERCLA's Federal Statute of Limitations Period Preempts California's. O'Connor v. Boeing North America, Inc., ___F.3d___, Case No. 00-56141 (9th Cir. Nov. 27, 2002).
Statutory Good Faith Settlements
March 2005: California Court Rules to Protect Cleanup Judgment Debtor from Having to Assume Responsibilities of Others Who Attempt to Settle Out State of California v. Saberi, ___Cal.App.4th___ A102091, 102543, and 103463, unpub. op. (1st Dist. Feb. 3, 2005)
Strict Liability
August 2008: District Court Let Stand Strict Liability Claim Premised on Allegation that Use of Dry Cleaning Chemicals Constitutes an Ultrahazardous Activity Effkay Enterprises v. J.H. Cleaners, Inc., ___F.Supp.2d___ 07-cv-02521 (D. Colo. June 5, 2008)
July 2007: Eleventh Circuit Holds Florida Strict Liability Statute Did Not Preclude Personal Injury Suit for Damages from Wastewater Treatment Plant Florence v. Crescent Resources, LLC, ___F.3d___ 06-13587, 11th Cir. April 18, 2007)
June 2007: Eleventh Circuit holds Florida’s Strict Liability Statute Did Not Preclude Personal Injury Suit for Contamination Damages Annette Florence v. Crescent Resources, LLC, ___F.3d___ 06-13587 (11th Cir. April 18, 2007)
December 2006: California Appellate Court Recognizes Bystander Recovery in Strict Product Liability for MTBE Cleanup Costs Nelson v. Superior Court, ___Cal.App.4th___ C 052420 (Cal. App. 3rd Dist. Nov. 6, 2006)
May 2006: California Court of Appeal Blasts Overly Broad ‘Bounty Hunter’ Lawsuit under Proposition 65 Consumer Defense Group v. Rental Housing Industry Members, ___Cal.App.4th___ G035101, G035154 (Cal.App. Mar. 24, 2006)
April 2005: Second District Court Finds City of Long Beach Not Liable for Inverse Condemnation Related to Sewer Breach Malkhoo v. City of Long Beach B173806, unpublished opinion, 2nd Dist. Feb. 2, 2005)
Subsequent Remedial Action Rule
January 2006: Supreme Court of New Hampshire Holds that Required Disposal of Hazardous Waste Does Not Qualify as a Subsequent Remedial Measure under Rules of Evidence State of New Hampshire v. Elementis Chemical, Inc. 2004-627 (N.H. Dec. 9, 2005)
Summary Judgment
April 2009: District Court Decides Private Citizen Suits Are Not Barred by Previous Administrative Actions Hernandez v. Esso Standard Oil Co., ___F.Supp.2d___ 03-1485 (D. Puerto Rico, Feb. 10, 2009)
January 2009: Second Circuit Finds Conversion to Motion for Summary Judgment Was without Adequate Notice Sahu v. Union Carbide Corporation, ___F.3d___ 06-5494-cv (2nd Cir. Nov. 3, 2008)
May 2008: District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed Wason Ranch Corporation v. Hecla Mining Company et al., ___F.Supp.2d___ 07-cv-00267 (D. Colo. March 31, 2008)
June 2007: District Court Clarifies Appropriate Method for Calculating Violations under the Clean Water Act Sierra Club v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Haw. April 16, 2007)
October 2006: Untimely Negligence Claim In Groundwater Litigation by Municipality against Hydrogeologist Is Allowed Based upon Discovery Rule Borough of Berlin v. Remington & Vernick Engineers L-2774-99 (N.J. App.Div. Aug. 23, 2006)
May 2006: Fifth Circuit Holds Recovery Is Precluded where Economic Damage Accompanying a Trespass of a Toxic Substance Is Not Foreseeable Taira Lynn Marine Ltd. No.5, LLC v. Jays Seafood, Inc. ___F.3d___ 04-31069 (5th Cir. Mar. 23, 2006)
March 2006: District Court Refuses to Grant Summary Judgment in a DES Suit Due to Unresolved Fact Questions Cynthia Lee Gassmann v. Eli Lilly and Company, ___F.Supp.2d___ 03-02592 (D. D.C. Dec. 29, 2005)
September 2005: Fifth Circuit Looks to Parties’ Agreement to Deny a Company’s Claims against Its Subsidiary for Attorney’s Fees Generated in CERCLA/RCRA Actions Honeywell International, Inc. v. Phillips Petroleum Co., ___F.3d___ 04-20589 (5th Cir. June 30, 2005)
September 2005: Ninth Circuit Affirms Summary Judgment for Defendants in Case Alleging Over-Abundance of Phosphorous in Lake Steilacoom Lake Improvement Club Inc. v. State of Washington, ___F.3d.___ 03-35888 (9th Cir. July 6, 2005)
September 2005: New York Supreme Court Holds that Disclaimer Bars Fraudulent Inducement/Concealment Claims Bank of New York v. Bram Manufacturing Corp., et al., slip opinion, (N.Y. App. July 20, 2005)
January 2005: Second District Court Reverses Judgment to Dismiss Los Angeles County Lawsuit for Inverse Condemnation Uniwill v. City of Los Angeles, ___Cal.App.4th ___ B168030 (2nd Dist. Nov. 30, 2004)
January 2005: Illinois District Court Declines to Dismiss Groundwater Contamination Claim under the Statute of Limitations Ludwig v. Pilkington North America, Inc., ___ F.Supp.2d ____ 03 C 1086 (N.D. Ill. Oct. 25, 2004)
Takings
August 2005: Thrice More into the Breach: The U.S. Supreme Court Takes on Takings in Kelo, San Remo and Lingle
January 2005: Second District Court Reverses Judgment to Dismiss Los Angeles County Lawsuit for Inverse Condemnation Uniwill v. City of Los Angeles, ___Cal.App.4th ___ B168030 (2nd Dist. Nov. 30, 2004)
December 2002: Developer Has No Right to "Takings" Compensation where Developer's Land Was Burdened Prior to Purchase by the Washington Public Trust Doctrine Esplenade Properties, LLC v. City of Seattle 307 F.3d 978 (9th Cir. Oct. 3, 2002)
Third Party Claims
August 2008: Non-Settling Parties Fail to Upset Consent Decree Regarding Penobscot River to Proof on Site City of Bangor v. Citizens Communication Company, ___F.3d___ 07-2193, 07-2255, 07-2759, 07-2777 (1st Cir. July 9, 2008)
Tolling of Statutes of Limitation
December 2009: District Court Rules on a Series of CERCLA Motions Alleging Equitable Tolling, Tolling Agreement and Statute of Limitations Issues U.S. v. Halliburton Energy Services, Inc., ___F. Supp.2d___ H-07-3795 (S.D. Tex. Oct. 9, 2009)
Trespass
January 2009: Arizona Court of Appeals finds Water District’s Use of Underground Storage Facility Cannot Be Basis for Claim for Damages by Third-Party Landowner South West Sand and Gravel v. Central Arizona Water Conservation District, ___P.3d___, 543 Ariz.Adv.Rep. 15 1 CA-CV 07-0435 (Div. 1, Ariz.App. Nov. 10, 2008)
August 2006: District Court Allows Plaintiffs to Pursue Emotional Distress Damages in Claim Alleging Harm to Real Property Nnadili v. Chevron U.S.A. Inc., ___F.Supp.2d ___ 02-1620 (D. D.C. June 1, 2006)
May 2005: Minnesota Supreme Court Allows Negligence Claim for Pesticide Spraying on Defendant’s Own Property that Harms Migratory Bees Anderson v. State of Minnesota A03-679 (Minn. March 3, 2005)
Ultrahazardous Activities
August 2008: District Court Let Stand Strict Liability Claim Premised on Allegation that Use of Dry Cleaning Chemicals Constitutes an Ultrahazardous Activity Effkay Enterprises v. J.H. Cleaners, Inc., ___F.Supp.2d___ 07-cv-02521 (D. Colo. June 5, 2008)
Venue
July 2007: Fourth District Finds Venue Provision Challenging Acts of Public Officials Includes Suits Seeking to Vindicate Public Rights California State Parks Foundation et al., v. Superior Court of San Diego County; Foothill/Eastern Transportation Corridor Agency et al. 150 Cal.App.4th 826 (4th Dist. 2007)
October 2001: CEQA Petitioner with Notice that a Change of Venue Is Complete Is Not Excused from Requesting a Hearing Within the Mandatory 90-day Period Guardians of Elk Creek Old Growth v. Dept. of Forestry and Fire Protection 89 Cal.App.4th 1431 (1st Dist. June 21, 2001).
Work Product Doctrine
January 2004: Ninth Circuit Holds Environmental Consultant’s Documents Protected From Disclosure to Grand Jury Investigation under the Work Product Doctrine United States v. Torf ___ F.3d ____, Case Nos. 03- 30102, 03-30104, 03-30105, 03-30106, 03-30107 (9th Cir. Nov. 26, 2003).
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