A district court, on cross-motions for summary judgment, upheld a DOI regulation requiring oil lessees to obtain drilling permits for development and production drilling but denied both motions as to a DOI regulation setting forth new requirements for drilling in the western Gulf of Mexico. Oil...
The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for purposes of triggering the ESA's interagency consultation obligations. The case involves the Forest Serv...
A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...
United States v. Winchester Municipal Utilities, No. 06-102-KSF (E.D. Ky. Jan. 19, 2011). Under a modified 2007 consent decree, a settling CWA defendant responsible for stormwater runoff pollution into the Lower Howards Creek Watershed must spend $203,000 on a watershed management plan that replaces the original supplemental environmental project.
United States v. City of Evansville, No. 3:09-CV-128 (S.D. Ind. Jan. 6, 2011). A settling CWA defendant responsible for violations in the operation of its municipal wastewater and sewer system must pay a $420,000 civil penalty to the United States and a $70,000 civil penalty to Indiana, must spend an estimated $4 million to connect homes with failing septic systems to the city's sewer system, and must remedy the deficiencies in the sewer system at a cost that may exceed $500 million no later than 2037.
United States v. Boeing Co., No. 10-457-LRS (E.D. Wash. Dec. 23, 2010). Settling CERCLA defendants responsible for violations at the Moses Lake Wellfield Superfund site in Moses Lake, Washington, must pay $3.25 million in U.S. response costs incurred at the site. The United States must pay approximately $55 million to EPA for cleanup costs, must pay future response costs not covered by the defendants' payments and those incurred by the state of Washington, and must pay the city of Moses Lake approximately $2.96 million to resolve claims for response costs and attorneys fees.
EPA announced establishment of a TMDL for nitrogen, phosphorus, and sediment for the Chesapeake Bay and its tidal tributaries.
FWS proposed to remove the Morelet's crocodile throughout its range from the list of endangered and threatened wildlife due to its recovery.
FWS proposed to revise the list of migratory birds based on new taxonomy and new evidence of occurrence, for a net increase of 19 species.
FWS announced a 90-day finding on a petition to list the smooth-billed ani as threatened or endangered under the ESA; the agency found that listing is not warranted.