Environmental Law Cases
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Environmental Law

WyomingAdministrative LawConstitutional LawEnvironmental Law
Wyoming Supreme Court
Uncategorized

Warren Livestock v. Albany County — Supreme Court Upholds Aquifer Protection Overlay Zone and Extends Arbitrary-and-Capricious Review to All Agency Rulemaking

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The Wyoming Supreme Court affirmed Albany County’s 2023 amendments to its Aquifer Protection Overlay Zone — including a 35-acre minimum lot size within the Casper Aquifer recharge area — holding that counties may use general zoning authority under Wyo. Stat. Ann. § 18-5-201 to protect groundwater without displacing WDEQ’s water quality jurisdiction. The court also established, for the first time in a published Wyoming opinion, that the arbitrary and capricious standard of review applies to all agency legislative action (rulemaking) under WAPA, resolving a gap left open by Bienz v. Board of County Commissioners, 2024 WY 102. Justice Hill dissented on authority, arguing the EQA grants WDEQ exclusive jurisdiction over water quality regulation.

New YorkEnvironmental LawPersonal Injury & Tort
Appellate Division, Third Department
Uncategorized

Town of Petersburgh v. 3M Co. — Third Department Allows PFAS Contamination Suit to Proceed, Rejects Double-Recovery and Primary-Jurisdiction Defenses

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The Appellate Division, Third Department affirmed denial of dismissal in a PFOA/PFAS water contamination suit by a small upstate town, finding its damages claims were not barred by double recovery despite prior Taconic settlements, and that the primary jurisdiction doctrine did not require deference to DEC.

PennsylvaniaAdministrative LawEnvironmental LawProfessional Regulation
Commonwealth Court of Pennsylvania
Uncategorized

Howland Co. v. Dept. of L&I — Lead Abatement Violations Proven Without Risk Assessment Reports; Three-Year License Suspension Affirmed

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The Commonwealth Court of Pennsylvania affirmed a $14,000 civil penalty and three-year suspension of lead abatement licenses for Howland Company and its owner, holding that the Bureau of Occupational and Industrial Safety need not introduce written risk assessment reports or prove actual lead presence to establish violations of the Lead Certification Act, and that 14 violations across five job sites over 16 months—despite prior Bureau warnings—supported the suspension term.

New YorkCivil ProcedureEnvironmental LawPersonal Injury & Tort
Appellate Division, Second Department
Uncategorized

Klaus v. Town of Brookhaven — CERCLA’s Discovery Rule Preempts NY’s CPLR 214-c in Landfill Toxic Tort Cases

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The Appellate Division, Second Department holds that 42 U.S.C. § 9658 — CERCLA’s federal discovery rule for toxic tort statutes of limitations — applies to all state-law toxic tort actions involving hazardous substance exposure, even where no CERCLA liability exists. CPLR 214-c’s accrual date is displaced by the federally required commencement date in Brookhaven Landfill cancer-cluster litigation.

OregonAdministrative LawEnvironmentalEnvironmental Law
Court of Appeals of Oregon
Uncategorized

Citizens for Responsible Development in The Dalles v. Walmart — Agency May Reopen Record on Broad Remand; DSL Fill Permit Affirmed

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The Oregon Court of Appeals affirmed DSL’s decision to issue a removal/fill permit to Walmart after remand from the Oregon Supreme Court, holding that a general “further proceedings” remand gives an agency broad discretion to reopen the record, and that neither issue preclusion nor the law-of-the-case doctrine barred DSL from revisiting previously inconclusive findings about public benefits.

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