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Audubon Society of Portland v. Jewell

A district court adopted a magistrate judge's report and recommendation and ordered FWS to finalize and approve a comprehensive conservation plan for five national wildlife refuges in the Klamath Basin Complex on or before August 1, 2016. FWS conceded, and the court had already ordered, that FWS vio...

Federal Forest Resource Coalition v. Vilsack

A district court held that trade associations and nonprofit corporations representing members of the timber industry lack standing to challenge the Forest Service's 2012 planning rule governing development of individual land and resource management plans for the 155 national forests and 20 national ...

Western Watersheds Project v. Kenna

The Ninth Circuit upheld BLM's resource management plan (RMP) and EIS for five allotments within the 1.3 million acres of land administered by BLM in Southwestern Arizona and Southeastern California. Environmental groups that wanted to reduce the amount of livestock grazing allowed on the lands chal...

Grand Canyon Trust v. Williams

A district court upheld a U.S. Forest Service decision allowing a uranium mine to renew operations near the Grand Canyon National Park. In January 2012, DOI withdrew approximately 633,547 acres of public lands and 360,002 acres of National Forest System lands for up to 20 years from location and ent...

Northern States Power Co. v. City of Ashland

A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113 contribution claims stemming from a 2003 consent decree, and all its §107 cost recovery claims, are time-b...

Ameripride Services, Inc. v. Texas Eastern Overseas, Inc.

The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, a district court has discretion to determine the most equitable method of accounting for settlements between private parties. Agreeing with the First Circuit and declining to follow the re...

Consolidated Coal Co. v. Georgia Power Co.

The Fourth Circuit held that a public utility that sold used PCB-containing electrical transformers in the 1980s to a company for reconditioning and resale should not be held liable under CERCLA as an arranger. EPA added the site to the NPL in the mid-2000s, and the current owners of the site bore m...

Town of Westport v. Monsanto Co.

A district court dismissed a town's Massachusetts Oil and Hazardous Material Release Prevention and Response Act claim against the corporate spinoffs of Old Monsanto, the sole manufacturer of PCBs in the United States between 1935 and 1979. After discovering PCBs in some of the area schools, the tow...