The court holds that a district court properly dismissed individuals' Clean Water Act (CWA) and Administrative Procedure Act (APA) claims against Oklahoma for failing to submit total maximum daily loads (TMDLs) to the U.S. Environmental Protection Agency (EPA) and against EPA for failing to fulfill ...

The court holds that the state of New York could bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) claim against a manufacturer that allegedly disposed of hazardous waste at a town's landfill even though the state and the town had entered a state assista...

The court denies a land association's motion to reopen a 1990 declaratory judgment action in light of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159, 31 ELR 20382 (2001) (SWANCC). The 1990 declaratory action was dismissed...

The court refuses to issue a temporary restraining order in plaintiffs' National Environmental Policy Act (NEPA) challenge to a joint project between the United States and German armies to remove obsolete chemical weapons from their storage site in Germany and transport them to Johnston Atoll for in...

The court holds that the Superfund Recycling Equity Act applies retroactively to judicial actions initiated by private parties prior to November 29, 1999. Therefore, the court vacates a district court's grant of summary judgment in favor of a battery recycler who sought contribution costs from poten...

The court holds that the National Trails System Act (Trails Act), which allows a state, local, or private entity to temporarily convert inactive rail corridors into trails until they are again used for railroads, preempts an individual's state-law just compensation claim and, therefore, the just com...

The court holds that property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost claims against an environmental contractor are not time barred and that the contractor may be liable as an operator or arranger, but not as a transporter. The contractor...

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on projected sea ice loss. Oil and gas companies challenged the ruling,...

The U.S. Supreme Court, in an unsigned judgment and decree, ordered Wyoming to pay Montana $20,340 in damages, plus $67,270.87 in costs, for reducing the amount of water available in the Tongue River in violation of the Yellowstone River Compact. The Compact protects pre-1950 appropriative rights to...

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate the complex because of severe contamination from the USS Lead S...