The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...

The Ninth Circuit affirmed a lower court decision denying environmental groups' motion to preliminarily enjoin a forest fire recovery project in the southern Oregon Klamath Mountains. After a fire destroyed approximately 48,000 acres of forest in Oregon, BLM initiated the project to salvage remainin...

A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry," and the owner argued this provision applied because the underlying complaint alleges that odors, gas, and hazard...

A district court held that the prior owner of a contaminated site is jointly and severally liable for the current owner's response costs under CERCLA §107(a). The prior owner argued that the current owner has not incurred costs that are necessary or consistent with the NCP. But there is ample uncon...

The Tenth Circuit reversed in part and affirmed in part a lower court decision holding the seller of contaminated yet commercially viable buildings liable as an arranger under CERCLA. Due to hazardous substance contamination, the buildings were under an EPA order regulating their use. The prior owne...

A district court denied a motion to preliminarily enjoin BLM and the U.S. Forest Service from implementing certain amendments to their resource management plans that were made to better protect the greater sage-grouse and its habitat. The amended resource management plans govern 67 million acres of ...

A district court dismissed several claims a group of cattle ranchers filed against USDA and DOI concerning actions taken to protect the New Mexico meadow jumping mouse, an endangered species. Following the listing of the species in 2014, the U.S. Forest Service proposed to erect a five-foot pipe fen...

The Federal Claims Court held that the U.S. government may not engage in discovery about oil companies' insurance policies in an underlying case concerning cleanup costs stemming from the production of high-octane aviation gas (avgas) during World War II. The Federal Circuit previously held that the...

A district court held that a waste broker is liable as an arranger under CERCLA and the Texas Solid Waste Disposal Act (TSWDA) in connection with the disposal of waste at the U.S. Oil Recovery Superfund site in Texas. A manufacturing company hired the broker to help facilitate the movement of its wa...