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Klamath-Siskiyou Wildlands Center v. National Oceanic & Atmospheric Administration
A district court held that FWS and the National Marine Fisheries Service (NMFS) violated the ESA and NEPA when they issued 50-year incidental take permits to a farm to take the northern spotted owl and the Southern Oregon/Northern California Coast coho salmon, both of which are "threatened" species....
Conservation Council for Hawaii v. National Marine Fisheries Service
A district court held that the National Marine Fisheries Service (NMFS) violated the Marine Mammal Protection Act (MMPA), the ESA, and NEPA when it authorized the U.S. Navy to take large numbers of marine mammals, some of which are endangered or threatened, incidental to training and testing activit...
Northern States Power Co. v. City of Ashland
A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113 contribution claims stemming from a 2003 consent decree, and all its §107 cost recovery claims, are time-b...
Ameripride Services, Inc. v. Texas Eastern Overseas, Inc.
The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, a district court has discretion to determine the most equitable method of accounting for settlements between private parties. Agreeing with the First Circuit and declining to follow the re...