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Center for Biological Diversity v. Kempthorne

The Ninth Circuit held that FWS regulations authorizing the non-lethal take of polar bears and Pacific walrus by oil and gas activities in and along the Beaufort Sea on the Northern Coast of Alaska do not violate the Marine Mammal Protection Act (MMPA) or NEPA. The term “gas and oil exploratio...

New York v. Kasper

A district court held that the United States' cost recovery action against the current owner of a hazardous waste site in New York is time barred under CERCLA. The owner argued that the government's cleanup activities were "remedial" actions subject to CERCLA's six-year statute of limitations, which...

Ackerson v. Bean Dredging LLC

The Fifth Circuit affirmed a lower court decision dismissing a class action against 32 contractors hired by the United States to perform dredging activities in the Mississippi River Gulf Outlet (MRGO) for damages suffered as a result of Hurricane Katrina. The dredgers acted pursuant to contracts wit...

Brockman v. Barton Brands, Ltd.

A district court held that residents may go forward with their trespass claims against a liquor distillery that operates a coal-fired production facility near their homes, but dismissed their nuisance and negligence claims. The residents seek injunctive and monetary relief based on the presence of p...

Levine v. Vilsack

The Ninth Circuit held that animal rights organizations lacked standing to challenge a USDA notice stating that "there is no specific federal humane handling and slaughter statute for poultry." The lower court entered summary judgment in favor of the USDA, holding that while the plain meaning of the...

Ohio Valley Envtl. Coalition v. Corps of Eng'rs

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA by failing to provide adequate public notice and comment prior to issuing §404 dredge and fill permits for two large mining projects in West Virginia. The notices contained no substantive information on propos...

North Carolina v. EPA

The D.C. Circuit held that North Carolina lacks standing to challenge an EPA rule removing the northern part of the state of Georgia from the Agency's one-hour nitrogen oxide (NOx) SIP Call. North Carolina claims that NOx emissions from electric generating units in northern Georgia are significantly...

Steadfast Ins. Co. v. United States

A district court held that the Bureau of Reclamation violated NEPA by failing to perform any environmental review prior to provisionally adopting and implementing the FWS' 2008 biological opinion and reasonable and prudent alternative (RPA) on the threatened delta smelt in connection with the coordi...

National Parks & Conservation Ass'n v. BLM

The Ninth Circuit affirmed in part and reversed in part a lower court decision that the BLM violated NEPA and the Federal Land and Policy Management Act (FLPMA) when it agreed to a land exchange with a developer for several parcels of BLM land surrounding a former mining site near Joshua Tree Nation...