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Champion Labs., Inc. v. Metex Corp.

A district court held that a company that entered a settlement agreement with a state agency for natural resource damages may seek contribution for a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(f)(3)(B) against its neighbor. Beca...

Ashtabula River Corp. v. Conrail, Inc.

A district court granted railroad companies' motions to dismiss several state public nuisance claims filed against them in connection with contamination at the Ashtabula River and harbor in Ohio. The damages sought in those claims were the same as those requested in the plaintiff's Comprehensive Env...

Kotrous v. Goss-Jewett Co. of N. Cal.

The Ninth Circuit, in light of the U.S. Supreme Court's decision in United States v. Atlantic Research Corp., 127 S. Ct. 2331, 37 ELR 20139 (2007), vacated and remanded two Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) actions seeking recovery of costs associated wit...

Florida Key Deer v. Paulison

The Eleventh Circuit held that the Federal Emergency Management Agency (FEMA) violated the Endangered Species Act (ESA) §7 when it failed to consult with the U.S. Fish and Wildlife Service (FWS) concerning its administration of the National Flood Insurance Program (NFIP) in the Florida Keys. FE...

Nez Perce Tribe v. NOAA Fisheries

A district court set aside the National Oceanic and Atmospheric Administration's (NOAA's) biological opinion for an irrigation project that withdraws water from creeks that are designated as critical habitat for the Snake River Basin steelhead, a threatened species under the Endangered Species Act (...

Stephens v. Anadarko, City of

A district court dismissed a Resource Conservation and Recovery Act (RCRA) claim filed against the U.S. Environmental Protection Agency (EPA) for failing to perform certain nondiscretionary duties with respect to a landfill located on the plaintiff's property. Specifically, the plaintiff sought to h...

American Petroleum Inst. v. Johnson

A district court held that an industry trade association and oil company had standing to challenge a U.S. Environmental Protection Agency (EPA) rule defining the term "navigable waters" as it applies to the oil spill provision of the Clean Water Act and vacated the rule as arbitrary and capricious. ...

New Jersey v. Delaware

The U.S. Supreme Court held that Article VII of the 1905 Compact between New Jersey and Delaware provides that each state maintains its "riparian jurisdiction" over the Delaware River, a term not synonymous with "exclusive jurisdiction"; thus, Delaware has the authority to prevent the construction o...

Veolia Es Special Servs., Inc. v. Techsol Chem. Co.

A district court granted in part and dismissed in part a motion to dismiss the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against a company hired to inspect a rail car that subsequently leaked coal tar light oil. The plaintiff makes no showing that the insp...

United States v. Burlington N. & Santa Fe Ry. Co.

In an amended opinion filed with a dissent, the Ninth Circuit court reversed a lower court decision holding an oil corporation and railroad companies liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for only a minor portion of the cleanup costs incurred...