The Ninth Circuit affirmed a district court's decision that the comprehensive management plan for the Merced Wild and Scenic River failed to comply with §1274(d) of the Wild and Scenic Rivers Act; that the plan was deficient because it was not wholly self-contained; and that the supplemental en...

A district court denied a defendant's attempts to file a third-party complaint seeking contribution from third parties for violations of the Clean Water Act (CWA). Eighteen months after the suit commenced and one year after the first third-party complaint was filed, defendant sought to file a second...

The Ninth Circuit denied the U.S. Navy's emergency motion for a partial stay of a district court order enjoining the Navy from conducting high-intensity, mid-frequency sonar use for training exercises off the coast of California. The Navy seeks a stay because its next training exercises to be conduc...

The D.C. Circuit vacated a lower court order denying in part and dismissing in part a petition against the Federal Communications Commission (FCC) seeking to reduce collisions of migratory birds with communications towers in the Gulf Coast region. The FCC's National Environmental Policy Act (NEPA)-i...

The Supreme Court of North Dakota affirmed in part and reversed in part a lower court judgment upholding modifications the state's health department made to the national pollutant discharge elimination system (NPDES) permit for Devils Lake. The department did not act arbitrarily, capriciously, or un...

A district court granted in part and dismissed in part a motion to dismiss the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§107 and 104 claims. In the present case, the parent company at issue had overlapping directors, managers, and employees with its s...

The D.C. Circuit invalidated a court-approved settlement agreement between the U.S. Army Corps of Engineers (the Coirps), the state of Georgia, and a group of Georgia water supply providers concerning the allocation of water from the Lake Lanier Reservoir. Alabama and Florida, which also use water f...

The D.C. Circuit vacated two rules promulgated by the U.S. Environmental Protection Agency (EPA) regarding the emission of hazardous air pollutants from electric utility steam-generating units (EGUs). The first rule—the delisting rule—removes coal- and oil-fired EGUs from the list of sou...

The Ninth Circuit held that the ancient legal doctrine of uberrimae fidei, in which both parties are held to the highest standard of good faith in the transaction, applies to vessel pollution insurance policies covering statutory environmental liabilities. Consequently, an insurance company may void...

The Ninth Circuit upheld a preliminary injunction prohibiting the U.S. Navy from conducting high-intensity, mid-frequency sonar use for training exercises off the coast of California. The environmental group challenging the Navy's use of sonar has shown a strong likelihood of success on the merits, ...