46 results for 'cat:"Civil Procedure" AND cat:"Environment"'.
J. Barringer finds the administrative law judge properly granted the mining company's petition for a pollutant discharge permit. The voluminous findings of fact made in relation to the request, none of which were challenged on appeal, indicate the judge completed the required analysis and followed applicable regulatory guidelines. Affirmed.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: September 1, 2023, Case #: 306A20, Categories: civil Procedure, environment, Water
J. Edwards finds that the lower court improperly denied the appellant entities' motion to intervene in this lawsuit brought under the Alabama Environmental Management Act against a waterworks board. The record does not show that their motion was untimely filed, and the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 25, 2023, Case #: CL-2023-0002, Categories: civil Procedure, environment
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J. Talwani denies summary judgment to a Nantucket Sound homeowner who sued the National Marine Fisheries Service, arguing that some 400 endangered right whales are further threatened by government permitting of a wind energy project off the coast of Martha’s Vineyard and Nantucket. The advocate is sufficiently affected by the wind project issue to have the legal standing to file suit in the matter, but he has not shown the government agency has acted arbitrarily, capriciously or unlawfully.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 4, 2023, Case #: 1:21cv11171, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, environment, Agency
J. Jabar finds that the lower court improperly affirmed a decision of a city's zoning board of appeals that dismissed an appeal for lack of standing. The board of appeals erred when it determined that the nonprofit lacked standing to appeal the issuance of certain permits related to an aquaculture project. Specifically, the board failed "to consider the entire record" when making the standing determination. Also, the facts in the record show that the nonprofit was an aggrieved party. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME43, Categories: Administrative Law, civil Procedure, environment
J. Edwards dismisses this appeal from a summary judgment entered in a dispute over the renewal of a mining permit. On appeal, the water works board contends that the permit at issue had expired before the mining company filed its renewal application. However, the board's "appeal to the trial court was taken from a nonfinal order," which deprived it of jurisdiction. Accordingly, the appellate court also lacks jurisdiction to consider the appeal.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 7, 2023, Case #: CL-2022-1059, Categories: civil Procedure, environment, Jurisdiction
J. Sessions denies the company's motion to dismiss the nuisance case, where the school district alleges the company's polychlorinated biphenyls, or PCBs, are contaminating school buildings. The company is not entitled to dismissal based on the statute of limitations, and the school district sufficiently stated its nuisance and trespass claims.
Court: USDC Vermont, Judge: Sessions, Filed On: June 26, 2023, Case #: 2:22cv215, NOS: Torts to Land - Real Property, Categories: civil Procedure, environment, Tort
J. Moore finds that the lower court improperly entered judgment in favor of the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures related to "complaints of unlawful discrimination." The lower court erred by failing to grant the landowners' summary judgment motion. The landowners demonstrated standing, and ADEM improperly adopted the grievance procedures "by an informal memorandum." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: 2200821, Categories: Administrative Law, civil Procedure, environment
J. Moore reverses the Court of Appeals' dismissal of the environmental groups' challenge to the mining project's air emissions permit, finding that service upon the mining company before a 30-day deadline was sufficient under the Minnesota Administrative Procedures Act, and service to the company's counsel before that deadline was not necessary. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 21, 2023, Case #: A22-0068, Categories: civil Procedure, environment
J. Milazzo dismisses as time-barred a claim filed by survivors of a deceased doctor employed by a manufacturer of a chemical agent found in the commonly used herbicide, Roundup. The doctor, an avid gardener, often used the lawn product, which family members linked to his development of fatal skin cancer. In addition, the litigants use an inapplicable provision of a state law and therefore may not recover punitive damages for their remaining wrongful death claim.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 14, 2023, Case #: 2:19cv9334, NOS: Tort Product Liability - Real Property, Categories: civil Procedure, environment, Product Liability