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Asarco, LLC v. Hecla Mining Co.

A district court held that a refinery that settled in bankruptcy court its liability for response costs incurred at a Superfund site may seek contribution from a mining company. The mining company argued that the settlement agreement for which the refinery seeks contribution only resolves the refine...

Western Watersheds Project v. Salazar

A district court ordered BLM to revise the Craters of the Moon and Pinedale resource management plans (RMPs) to correct deficiencies concerning impacts on the sage-grouse. In an earlier decision, the court held that BLM's EISs for the RMPs failed to adequately analyze impacts to the sage grouse in v...

Gellert v. Coltec Industries, Inc.

A bankruptcy court denied a company's motion to dismiss a bankruptcy trustee's CERCLA §107 claim against it for response costs incurred by the debtor to EPA, New York, and a manufacturer as a result of the debtor's settlement of their CERCLA claims. The company argued that the trustee cannot recove...

Cyprus Amax Minerals Co. v. CBS Operations, Inc.

A district court held that the bar to transfer of CERCLA liability applies to contribution claims brought between and among third parties, not just the U.S. government. CERCLA §107(e)(1) provides that "no indemnification, hold harmless, or similar agreement or conveyance shall be effective to trans...

National Solid Wastes Management Ass'n v. City of Dallas

A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise contracts with a number of haulers that allowed them to dispose of waste...

Asarco v. NL Industries

A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining District. The mining company argued that the smelting company, which...

Western Watersheds Project v. Ellis

The Ninth Circuit affirmed a lower court decision denying an environmental group attorney fees after it successfully challenged BLM's post-fire grazing decisions and authorizations in the Jarbridge Resource Area in Idaho. In 2004, an environmental group filed suit against BLM challenging its renewal...