The Ninth Circuit upheld DOT's decision ordering a hazardous waste motor carrier to cease operations following an unsatisfactory safety rating. The carrier argued that the unsatisfactory safety rating on which the cessation order was based was premised on the misapplication of certain safety regulat...
The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuan...
In the western United States, the management of surface water quality and quantity is highly compartmentalized. This compartmentalization among and within state and federal authorities is not inherently objectionable. To the contrary, it likely is necessary. Yet, the degree of compartmentalization appears to have so divided management of this resource that damage has been done to both sides. Opportunities exist for cooperation, coordination, and a more holistic perspective on water management with little or even no change in law.
The Court of Federal Claims dismissed a water district's breach of contract claims against the United States for failing to provide water drainage facilities and services. The district argued that the contracts it entered into with the government expressly obligated the government to provide drainag...
The Court of Federal Claims held that the U.S. government need not reimburse oil companies for costs they incurred cleaning up contamination stemming from the production of aviation fuel during World War II. During the 1940s, at the urging of the U.S. government, the companies entered into contracts...
The Federal Circuit reversed and remanded a lower court decision dismissing an insurance company's reimbursement action under the National Defense Authorization Act for cleanup costs associated with the development of property formerly used as a military base. The lower court determined that the com...