The court holds that a company is jointly and severally liable for costs incurred by the United States at the Friedrichsohn's Cooperage, Inc. site in Waterford, New York. The company, which was previously found liable as an arranger under the Comprehensive Environmental Response, Compensation, and L...

The court affirms a district court decision denying a company's request for an evidentiary hearing and approving and entering a consent decree between the government and settling potentially responsible parties (PRPs) that resolved U.S. cleanup costs incurred at the Des Moines TCE site. The governme...

The Ninth Circuit reversed in part and vacated in part a lower court decision granting summary judgment for a proposed logging project in areas of the Kootenai National Forest where two threatened species—the Canada lynx and the Cabinet-Yaak grizzly bear—are present. An environmental group argue...

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and capriciously in issuing the §401 certificate because the agencies didn'...

The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order. The groups argued that the Agency's need for additional scientific research was not a valid ground for maintaining a tolerance t...

The Fourth Circuit vacated both an incidental take statement issued by FWS and a right-of-way permit issued by the National Park Service (NPS) for construction of a natural gas pipeline that intersects the Blue Ridge Parkway. Environmental groups argued that the take limits set by FWS in its Inciden...

The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S. Forest Service's decision to amend the Jefferson National Forest Land Resource Management Plan to accommodate the right-of-way and pipeline construction. En...

A district court denied an environmental group's motion for summary judgment challenging DOJ's withholding of legal memos concerning the president's authority to shrink national monuments under the Antiquities Act. The group argued that DOJ had no reasonable justification for withholding the memos a...

A Minnesota appellate court affirmed a lower court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued that the ordinance discriminated against its business. But the lower court disagreed, concludin...

The D.C. Circuit denied power companies' petitions to review FERC orders approving an exemption to the minimum offer price rule in the New England forward capacity market for a limited amount of qualifying renewable energy. The companies argued that the exemption for renewables created unjust, unrea...