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Swanson Group Mfg., LLC v. Jewell

The D.C. Circuit reversed a lower court injunction requiring BLM to sell more timber from federal land managed under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937. The lower court had sided with timber companies, granting their motions for summary judgment and is...

United States v. NCR Corp.

A district court held that a PRP established the divisibility defense and, therefore, is not jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin. On remand from the Seventh Circuit, the district court was ordered to reconsider the PRP's divisibility defe...

Idaho Conservation League

The D.C. Circuit ordered EPA to submit a timeline for when it will issue its financial assurance rules under CERCLA to ensure that industries that handle hazardous substances have the financial means to clean up any releases. It has been nearly 30 years since Congress charged EPA with issuing such r...

PCS Nitrogen, Inc. v. Ross Development Corp.

A district court held that a corporation subject to an EPA unilateral administrative order (UAO) in connection with the Columbia Nitrogen Superfund site in Charleston, South Carolina, may seek contribution under CERCLA §113 and not §107. Defendant companies argued that the corporation was preclude...

Audubon Society of Portland v. Jewell

A district court adopted a magistrate judge's report and recommendation and ordered FWS to finalize and approve a comprehensive conservation plan for five national wildlife refuges in the Klamath Basin Complex on or before August 1, 2016. FWS conceded, and the court had already ordered, that FWS vio...

Federal Forest Resource Coalition v. Vilsack

A district court held that trade associations and nonprofit corporations representing members of the timber industry lack standing to challenge the Forest Service's 2012 planning rule governing development of individual land and resource management plans for the 155 national forests and 20 national ...

Western Watersheds Project v. Kenna

The Ninth Circuit upheld BLM's resource management plan (RMP) and EIS for five allotments within the 1.3 million acres of land administered by BLM in Southwestern Arizona and Southeastern California. Environmental groups that wanted to reduce the amount of livestock grazing allowed on the lands chal...

Grand Canyon Trust v. Williams

A district court upheld a U.S. Forest Service decision allowing a uranium mine to renew operations near the Grand Canyon National Park. In January 2012, DOI withdrew approximately 633,547 acres of public lands and 360,002 acres of National Forest System lands for up to 20 years from location and ent...