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Wild Fish Conservancy v. Jewell
The Ninth Circuit dismissed a conservation group's lawsuit challenging DOI's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery without a state permit. The group argued that DOI violated §8 of the Reclamation Ac...
United States v. Humphries
The Ninth Circuit affirmed a lower court's conviction of a chemical company owner for illegally storing hazardous wastes without a permit in violation of RCRA. On appeal, the owner argued that the lower court improperly instructed the jury about the distinction between "storage" and "disposal" of ha...
Land O'Lakes v. Employers Insurance Co. of Wausau
The Eighth Circuit affirmed a lower court decision that insurers had no duty to defend or indemnify an oil refinery in an underlying CERCLA lawsuit filed against it by EPA. EPA sent the refinery a letter in 2001 notifying it that it was a PRP. Because EPA's allegations in the letter arguably fell wi...
Anderson Brothers, Inc. v. St. Paul Fire & Marine Insurance Co.
The Ninth Circuit held that an insurance company breached its duty to defend a trucking equipment company when it refused to provide a defense after the company received letters from EPA notifying it of its potential liability under CERCLA for environmental contamination at the Portland Harbor Super...
Edwards Aquifer Authority v. Bragg
A Texas appellate court affirmed a lower court decision that commercial pecan growers suffered a regulatory taking when the Edwards Aquifer Authority—a water reclamation district—denied the growers' request for a water permit for one of their pecan orchards and granted a limited permit for a sec...
Lemire v. State
The Supreme Court of Washington upheld an administrative order the state environmental agency issued to a farmer, directing him to take several steps to curb pollution of a creek that runs through his property. A lower court invalidated the order, ruling that it was unsupported by substantial eviden...
Trinity Industries, Inc. v. Chicago Bridge & Iron Co.
The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA from a second PRP. The court held that CERCLA §113(f)(3)(B) does...
In re Aiken County
The D.C. Circuit ordered NRC to resume processing of DOE's pending license application to store nuclear waste at Yucca Mountain. The Nuclear Waste Policy Act requires NRC to issue a final decision approving or disapproving the application within three years of its submission. DOE submitted its appli...
Litgo New Jersey, Inc. v. New Jersey Department of Environmental Protection
The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower court ruled that the current owner's claim for injunctive relie...