A district court held that USDA's Wildlife Services failed to comply with NEPA with respect to gray wolf management in Washington. The agency entered into a cooperative service agreement with Washington's wildlife agency to help implement the state's Wolf Conservation and Management Plan, particular...

A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry," and the owner argued this provision applied because the underlying complaint alleges that odors, gas, and hazard...

A district court held that the prior owner of a contaminated site is jointly and severally liable for the current owner's response costs under CERCLA §107(a). The prior owner argued that the current owner has not incurred costs that are necessary or consistent with the NCP. But there is ample uncon...

The Tenth Circuit reversed in part and affirmed in part a lower court decision holding the seller of contaminated yet commercially viable buildings liable as an arranger under CERCLA. Due to hazardous substance contamination, the buildings were under an EPA order regulating their use. The prior owne...

In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...

The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale wind project in California's Sonoran Desert. BLM sufficiently evaluated and disclosed the environmental impacts of the wind energy facility project under NEPA. Envi...

A district court dismissed several claims a group of cattle ranchers filed against USDA and DOI concerning actions taken to protect the New Mexico meadow jumping mouse, an endangered species. Following the listing of the species in 2014, the U.S. Forest Service proposed to erect a five-foot pipe fen...

The Federal Claims Court held that the U.S. government may not engage in discovery about oil companies' insurance policies in an underlying case concerning cleanup costs stemming from the production of high-octane aviation gas (avgas) during World War II. The Federal Circuit previously held that the...