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United States v. Aerojet Gen. Corp.

The Ninth Circuit holds that a non-settling PRP may intervene in litigation to oppose a consent decree incorporating a settlement that, if approved, would bar contribution from the settling PRP. The applicants have significant protectable interests that support intervention as of right. As non-settl...

Butte Envtl. Council v. Corps of Eng'rs

The Ninth Circuit upholds the U.S. Army Corps of Engineers' and the FWS' approval of a business park construction project on protected wetlands in California. The Corps' decision to issue a city a CWA §404 permit for the project was not arbitrary or capricious. The Corps stated a rational conne...

Anacostia Riverkeeper, Inc. v. Jackson

A district court vacates certain TMDLs promulgated by EPA for the waters of the District of Columbia, but issued a stay of vacatur in order to permit EPA an opportunity to correct the deficient TMDLs. Although EPA is correct that a district court has discretion to order a remand without vacatur, tha...

Coalition of Battery Recyclers Ass'n v. EPA

The D.C. Circuit denied a petition for review challenging EPA's revision of air quality criteria and NAAQS for lead. The revision was designed to provide, in light of recent science, the requisite protection of public health and welfare by revising the permissible level of lead in ambient air and re...

WildEarth Guardians v. National Park Serv.

The Tenth Circuit reversed a lower court decision denying a hunting organization's motion to intervene in an action challenging the National Park Service's proposal to reduce the elk population in the Rocky Mountain National Park. The organization demonstrated a sufficient interest in maintaining an...

United States v. Iron Mountain Mines, Inc.

A district court held that the U.S. Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. United States, 129 S. Ct. 1870, 39 ELR 20098 (2009), did not constitute a change in law regarding the apportionment of liability under CERCLA. A mine operator's motion for reconsideration, t...

Buckingham v. Secretary of the Dep't of Agric.

The Ninth Circuit held that the U.S. Forest Service did not act arbitrarily or capriciously in deciding to cancel an individual's grazing permit in the Santa Rosa Ranger District of the Humboldt-Toiyabe National Forest. The Forest Service’s administrative procedures leading up to the terminati...

Salazar v. Buono

The U.S. Supreme Court reversed and remanded a court order precluding the government from transferring to the Veterans of Foreign Wars (VFW) a cross and the federal land on which it stood in exchange for privately owned land elsewhere in the Mojave National Preserve. VFW members placed the cross in ...

Miccosukee Tribe of Indians of Fla. v. United States

A district court granted in part plaintiffs’ various motions to compel state and federal defendants to comply with a prior court order related to the implementation of water quality based effluent limitations (WQBELs) for phosphorus in the Everglades. Under the CWA, EPA is obligated to require...

Agere Sys., Inc. v. Advanced Envtl. Technology Corp.

The Third Circuit vacated and remanded a lower court decision finding a defendant liable for costs incurred at the Boarhead Farms Superfund site. The plaintiffs filed their cost recovery and contribution action under CERCLA and the Pennsylvania Hazardous Sites Cleanup Act to recover costs that they ...