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El Paso Natural Gas Co. v. United States
The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and two hazardous waste facilities located on Navajo land. In 2010, E...
NL Industries, Inc. v. ACF Industries
A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site, claimed...
Powder River Basin Resource Council v. United States Bureau of Land Management
A district court dismissed environmental groups' claims that BLM violated NEPA when it approved a plan for developing a coal bed natural gas lease in an area of Wyoming's Powder River Basin as well as amendments to the applicable resource management plan for the area. The groups claimed that BLM aba...
WildEarth Guardians v. Bureau of Land Management
A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes because the agency failed to adequately consider the impacts on lo...
Oceana v. Bureau of Ocean Energy Management
A district court, in a memorandum opinion, dismissed environmental groups' lawsuit against the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) for APA, NEPA, and ESA violations in connection with two lease sales in the area where the Deepwater Horizon spill ...
C&A Carbone, Inc. v. County of Rockland
A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-designated...
Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control
The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill. The ALC denied the permit based on its conclusion that the region already had more landfill capacity th...
Price Trucking Corp. v. Norampac Industries, Inc.
The Second Circuit held that CERCLA does not allow a subcontractor hired to perform cleanup activities on a site the right to recover the value of unpaid work directly from the landowner. The landowner paid a general contractor for costs associated with the cleanup of a contaminated parcel of land. ...