The court held that the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) federally required commencement date only applies to personal injury claims, not wrongful death claims. The court, therefore, upheld a lower court decision dismissing a wrongful death claim aga...

A district court held that National Oceanic and Atmospheric Administration-Fisheries' (NOAA)-Fisheries) Hatchery Listing Policy (HLP) for Pacific salmon and steelhead trout violates the Endangered Species Act (ESA). The HLP provides guidance on how hatchery-raised fish are to be treated when making ...

A district court held that a potential responsible party (PRP) may seek contribution from a city under the Comprehensive Environmental Response, Compensation, and Liability Act for cleanup costs incurred at the South Eighth Street Landfill in West Memphis. The city argued that the PRP is barred from...

A district court denied a sheep herder's motion to temporarily restrain or preliminarily enjoin a U.S. Forest Service order prohibiting the herder from allowing its sheep to graze on portions of the Hells Canyon National Recreation Area. The Forest Service based its decision on the ground that domes...

The court vacated U.S. Environmental Protection Agency's (EPA's) national emission standards for hazardous air pollutants (NESHAPs) for industrial, commercial, and institutional boilers and process heaters as well as its definitions rule for commercial and industrial solid waste incineration (CISWI)...

The U.S. Supreme Court held that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) provides potentially responsible parties (PRPs) with a cause of action to recover costs from other PRPs. This interpretation will not create friction between CERCLA §&sec...

The court vacated a lower court judgment enjoining two power companies from removing trees along a street so that they could inspect and maintain three underground, high-pressure, natural gas pipelines. There are genuine issues of material as to whether removal of the trees is reasonably necessary t...

The court reversed in part and affirmed in part a lower court's grant of summary judgment in favor of U.S. Environmental Protection Agency (EPA) on claims that it violated its oversight responsibility under Clean Water Act (CWA) §303(d) in approving Florida's list of impaired waters. The court ...

The court upheld National Oceanic and Atmospheric Administration-Fisheries' (NOAA-Fisheries') longline fishing regulations for the Atlantic fishery. In a 2001 biological opinion (BO), NOAA-Fisheries determined that longline fishing was likely to jeopardize the continued existence of leatherback sea ...

The court held that the California Coastal Commission unlawfully denied a permit to a company to maintain gates and no trespassing signs on its property. Inherent in one's ownership of real property is the right to exclude uninvited visitors. In prohibiting the company from excluding the public from...