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Fishermen

The Ninth Circuit affirmed a lower court decision that the Secretary of Commerce did not arbitrarily and capriciously modify the catch quota allocations for Pacific cod under the Magnuson-Stevens Fishery Conservation and Management Act. A fishing boat operator argued that the allocation was not base...

American Int'l Specialty Lines Ins. Co. v. 7-Eleven, Inc.

A district court denied in part and granted in part motions of a plaintiff insurer and defendant gasoline service station operator for partial summary judgment with respect to claims arising under RCRA and the Texas Solid Waste Disposal Act (SWDA). The insurer alleged that gasoline from a gasoline s...

Nebraska Pub. Power Dist. v. United States

The Federal Circuit reversed and remanded a lower court decision holding that a circuit court mandamus order, which interpreted DOE’s obligations to a nuclear power producer under the Nuclear Waste Policy Act (NWPA), was void and not entitled to any res judicata effect in a breach of contract ...

United States v. Lexington-Fayette Urban County Gov't

The Sixth Circuit remanded a lower court decision disapproving a proposed settlement in a CWA civil enforcement action brought by the United States and Kentucky against a county for sanitary and storm sewer system violations. The lower court found that the proposed civil penalty of $425,000 could be...

Raytheon Aircraft Co. v. United States

The Tenth Circuit affirmed a lower court decision holding an aircraft company liable under CERCLA for costs associated with EPA's attempt to list an airfield on the NPL. The costs at issue stem primarily from EPA's decision to conduct an expanded site inspection at the airfield. Although the company...

Service Oil, Inc. v. EPA

The Eighth Circuit reversed an EPA Environmental Appeals Board order imposing a $35,640 civil penalty against a construction site owner for failing to submit a stormwater permit application in a timely manner. Specifically, EPA sought a civil penalty from the owner for failing to apply for a permit ...

Minard Run Oil Co. v. U.S. Forest Serv.

A district court preliminarily enjoined the U.S. Forest Service from requiring the preparation of a NEPA document as a precondition to allowing private oil and gas rights to be exercised in the Allegheny National Forest as set forth in a settlement agreement. Under the agreement, the Forest Service ...

American Rd. & Transp. Builders Ass'n v. EPA

The D.C. Circuit denied a petition for review of two EPA regulations implementing CAA §209(e), which prohibits states from imposing certain emissions-related regulations on various categories of engines and vehicles. CAA §307(b)(1) provides a 60-day window for challenging EPA regulations, ...

Rochester Gas & Elec. Corp. v. GPU Inc.

The Second Circuit affirmed a lower court decision that held an energy company liable under CERCLA for costs incurred during the cleanup of two manufactured gas plants operated by a subsidiary of the company's corporate predecessor. The company argued that the lower court erred in concluding that it...