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Catskill Mountains Chapter of Trout Unlimited, Inc. v. New York, City of

The court affirms the imposition of civil penalties against New York City for operating a tunnel that delivers water from Schoharie Reservoir in the Catskill Mountains to the city without a permit. Water from the reservoir is eventually used for city drinking water. As part of the delivery process, ...

Forest Guardians v. Johanns

The court holds that the U.S. Forest Service violated the Endangered Species Act (ESA) when it failed to reinitiate informal consultation with the U.S. Fish and Wildlife Service (FWS) on the environmental impact of cattle grazing on the Water Canyon Allotment of the Apache-Sitgreaves National Forest...

S.D. Warren Co. v. Maine Bd. of Envtl. Protection

The Court holds that operating a dam to produce hydroelectricity raises a potential for a discharge into the navigable waters of the United States, thereby triggering Clean Water Act (CWA) §401 and state certification requirements. The case arose after a company asked the Federal Energy Regulat...

Elementis Chromium Ltd. Partnership v. Coastal States Petroleum Co.

The court vacates and remands a lower court's imposition of joint and several liability against two companies for their share of the cleanup costs at a manufacturing plant, but affirms the court's allocation of liability to a third party for future cleanup costs. Liability in contribution actions br...

Wason Ranch Corp. v. Hecla Mining Co.

A magistrate judge recommends the dismissal of a ranch owner's Clean Water Act and Resource Conservation and Recovery Act citizen suit action against mining companies for releasing and discharging solid and hazardous wastes into two creeks where they eventually migrated into the Rio Grande. The owne...

Sunnyside Dev. Corp. v. Opsys U.S. Corp.

A court grants in part and denies in part motions to dismiss Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state-law claims against a company that caused the release of hazardous substances on a landowner's property while it was removing equipment from that prope...

Stormwater Management Rules, In re

The court upholds a New Jersey regulation that creates a 300-foot buffer on each side of water bodies designated as "Category 1" waters and their associated perennial or intermittent streams. Category 1 waters exhibit exceptional characteristics that require special protection. The regulation falls ...

Idaho Wildlife Fed'n v. Tower

A court holds that regulations promulgated in 1982 require the U.S. Forest Service to maintain the viability of the sage grouse as a management indicator species for the Curlew National Grassland. Although the 1982 regulations were rescinded by regulations taking effect in 2005, the Curlew continues...

Seneca Meadows, Inc. v. ECI Liquidating, Inc.

A court holds that a manufacturing company need not contribute to response costs incurred by the owner of a landfill near Seneca Falls, New York. The landfill was closed in 1974, but the owner was ordered to remediate the site after it decided to reopen and expand the landfill. The evidence suggests...

Friends of the Earth v. EPA

The court vacates the U.S. Environmental Protection Agency's (EPA's) approval of total maximum daily loads (TMDLs) limiting the annual discharge of oxygen-depleting pollutants and the seasonal discharge of pollutants contributing to turbidity in the Anacostia River in Washington, D.C. EPA argued tha...