The Eleventh Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing a company's cost recovery action under CERCLA for failure to state a claim. The lower court granted the motion to dismiss upon a finding that a "no-listing letter" from the Georgia Environmental ...

The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities. The Standard Contract provided that DOE was to begin accepting SNF no later than...

A district court dismissed with leave to amend environmental groups' lawsuit against EPA alleging that it violated the ESA by failing to undertake required consultations regarding the effects of 382 registered pesticides on endangered and threatened species. The groups seek a broad remedy—an injun...

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The group failed to state a claim under the CWA because discharges of...

The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, the current owner of a portion of the site brou...