The Ninth Circuit upheld NMFS' 2013 quota regulations for Pacific whiting. NMFS calculated the amount of fish harvesters' and fish processors' initial share of the total allowable catch based on their participation in the fishery prior to 2003 and 2004, respectively. A fish harvester and fish proces...

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the developer applied for an incidental take permit and submitted a conserv...

The Ninth Circuit held that a mining company that operates a smelter in Canada should not be held liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company could not be said to have "arranged" for the "disposal" of haza...

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs belonged to the dry cleaner next door to the plaintiffs' shop, the ta...