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United States v. Orr Water Ditch Co.

A district court upheld a Nevada water engineer ruling allowing a city to change the manner and place of use of surface water rights. A Native American tribe filed a petition challenging the decision, arguing that the ruling was against the public interest because the groundwater underlying the city...

Santa Maria v. Adam

A California appellate court affirmed in part and reversed in part a lower court decision approving an agreement between landowners, the Santa Maria Valley Water Conservation District, and local cities and water companies in a water rights dispute over the groundwater contained in the Santa Maria Va...

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...