State AG Database – Lawsuits vs. Private Parties

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The following is a list of major lawsuits initiated by state attorneys general against private actors to address violations of environmental laws and relevant common law doctrines, organized by topic:

 

Air Pollution

Multi-state Settlement with Volkswagen for Emissions Defeat Devices (2016): Settlement of consumer protection claims raised by a multi-state coalition of state attorneys general against Volkswagen for selling vehicles equipped with “defeat device” software intended to circumvent emissions standards and concealing this software from regulators and the public.

Settlement, California v. Volkswagen (2016): California AG, working with the federal EPA, entered into two related settlements over Volkswagen’s use of defeat devices to evade emissions testing.

Settlement, Connecticut v. Hyundai Motor Co. (Conn. Super. Ct. 2016): Multi-state settlement of consumer-protection claims against car manufacturers that overstated their vehicles’ fuel efficiency.

Michigan Department of Environmental Quality v. Michigan Waste Energy, Inc. and Detroit Renewable Power, LLC, (2014): Michigan AG brought enforcement action against waste management companies to reduce foul odor emanating from the United States’ largest waste incineration facility.

New York v. American Electric Power Service Corp. (S.D. Ohio, 2007): Multi-state litigation under Clean Air Act alleging violations of New Source Review permitting process to reduce sulfur dioxide emissions in coal-fired power plants.

Water Pollution

Flint Water Crisis Investigation (2016): Michigan AG launched investigation to determine criminal and civil liability for violations of state law that caused or contributed to the Flint Water Crisis.

Settlement, Deepwater Horizon Lawsuit (2016): Multi-state consent degree settling civil claims between gulf states and BP for civil penalties and damages to natural resources.

Kalamazoo River Oil Spill (2015): Michigan AG undertook enforcement action against Enbridge Energy in response to their actions which caused over 1 million gallons of heavy crude oil to spill into the Kalamazoo River.

Pakootas v. Teck Cominco Metals, Ltd. (2006): Washington State intervened and multiple states submitted Amicus Briefs in lawsuit filed by Native American tribe against Canadian smelting company for polluting the Columbia River and Lake Roosevelt.

Natural Resources

Settlement, Deepwater Horizon Lawsuit (2016): Multi-state consent degree settling civil claims between gulf states and BP for civil penalties and damages to natural resources.

New Jersey v. Centennial Land & Development Corp. (2016): New Jersey AG represented New Jersey Department of Environmental Protection in action against developer, holding company for developer, and company’s owner seeking to enforce prior directives to effect repairs and maintenance as required by the Safe Dam Act.

Tennessee v. Chevron (Davidson Cty. Cir. Ct., 2015): Tennessee AG filed suit against Chevron alleging that the company illegally used taxpayer funds to pay for oil spill clean-up costs.

Kalamazoo River Oil Spill (2015): Michigan AG undertook enforcement action against Enbridge Energy in response to their actions which caused over 1 million gallons of heavy crude oil to spill into the Kalamazoo River.

Pakootas v. Teck Cominco Metals, Ltd. (2006): Washington state intervened and multiple states submitted Amicus Briefs in lawsuit filed by Native American tribe against Canadian smelting company for polluting the Columbia River and Lake Roosevelt.

Climate Change Mitigation

Settlement, Connecticut v. Hyundai Motor Co. (Conn. Super. Ct. 2016): Multi-state settlement of consumer-protection claims against car manufacturers that overstated their vehicles’ fuel efficiency.

American Electric Power v. Connecticut (2011): Multiple states brought federal common law nuisance claim against five major electric power companies for their contribution to climate change through greenhouse gas emissions.

Energy

Kalamazoo River Oil Spill (2015): Michigan AG undertook enforcement action against Enbridge Energy in response to their actions which caused over 1 million gallons of heavy crude oil to spill into the Kalamazoo River.

Solid and Hazardous Waste

Ventura County and State of California v. Santa Clara Waste Water (2015): Joint prosecution between the State of California and the County of Ventura against Santa Clara Waste Water, its parent company, and individual employees for criminal violations stemming from hazardous waste disposal.

Pakootas v. Teck Cominco Metals, Ltd. (2006): Washington State intervened and multiple states submitted Amicus Briefs in lawsuit filed by Native American tribe against Canadian smelting company for polluting the Columbia River and Lake Roosevelt.

Environmental Justice

Flint Water Crisis Investigation (2016): Michigan AG launched investigation to determine criminal and civil liability for violations of state law that caused or contributed to the Flint Water Crisis.

Michigan Department of Environmental Quality v. Michigan Waste Energy, Inc. and Detroit Renewable Power, LLC (2014): Michigan AG brought enforcement action against waste management companies to reduce foul odor emanating from the United States’ largest waste incineration facility.