The court holds that the owner of a contaminated landfill may only recover response costs from alleged generators of hazardous waste through a contribution action under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113. The court first holds that the owner of the l...
The court holds that the former owner and operator of a refinery may not bring cost recovery or contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the subsequent and current owners. The court first holds that the former owner is a pe...
The court holds that a state land use board erred when it failed to affirm a county's preliminary approval of a residential subdivision in an area containing wetlands and designated as a wildlife habitat. The board rejected the county's argument that the wetlands at issue were not subject to the cou...
The court denies a corporation's motion to reconsider a ruling that disputed issues of material fact exist as to whether the corporation's neighbor can claim an innocent landowner defense, which would allow the neighbor to pursue a Comprehensive Environmental Response, Compensation, and Liability Ac...
Above my desk at work, I keep a button that reads "Save the Ugly Animals Too." It is a reminder that more than just the charismatic megafauna, such as wolves and bald eagles and grizzly bears and whales, are worth conserving. From the standpoint of protecting the web of life, including the ecosystems that benefit us all by providing services such as water purification, flood control, nurseries for our fish and shellfish, and opportunities for outdoor recreation, it is often as important to conserve the lesser known species, the cogs and wheels that drive those ecosystems.
In a recent essay, Katrina Wyman suggests four substantial reforms aimed at improving implementation of the Endangered Species Act (ESA) and furthering species recovery: (1) decoupling listing decisions from permanent species protection;3 (2) requiring the Fish & Wildlife Service (FWS) to implement cost-effective species protection measures;5 (3) prioritizing funding for biological hotspots;6 and (4) establishing additional protected areas.
Katrina Wyman has penned a bold, provocative, and innovative critique of the capability of the Endangered Species Act (ESA or Act) to meet the challenges of an increasingly human-dominated world. Bold because the ESA, perhaps more than any other environmental law, has impassioned champions who disfavor dissent. It is no easy task to critique a law with the truly noble mission to preserve life other than our own, particularly when the law's basic premise is that the mission's success is critically dependent on abundant and altruistic actions by us.
In a recent essay, David Coursen asks an important and unexamined question: Are environmental justice policies, which seek to avoid disproportionate environmental burdens on minority and poor communities, on a "collision course" with the Equal Protection Clause? In concluding that a potential collision is more illusory than real, Coursen offers a number of reasons why governmental actions to promote environmental justice have not been challenged in court and, even if they were to be, would not be subjected to strict judicial scrutiny.
The Tenth Circuit held that the Migratory Bird Treaty Act (MBTA) applies a strict liability standard to the taking or killing of migratory birds but that it requires a defendant to proximately cause the statute's violation for the statute to pass constitutional muster. The case arose when two oil dr...
The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as a proper exercise of Congress' Commerce Clause power over act...