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Vine Street v. Borg Warner Corp.

The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry cleaning business that operated in the 1960s and 1970s. A district court in 2006 had held the corporati...

Anderson v. Teck Metals, Ltd.

A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia River to suffer various health diseases due to toxic and hazardous air emissions from the company's smel...

Alliance for the Wild Rockies v. Brazell

The Ninth Circuit upheld a lower court decision affirming the U.S. Forest Service's decision to implement the Little Slate Project, a 2,598-acre timber thinning sale within the Nez Perce National Forest. Environmental groups asserted that the Forest Service and FWS violated the National Forest Manag...

Rags Over the Arkansas River, Inc. v. Bureau of Land Management

A district court upheld BLM's approval of a temporary public art project over the Arkansas River by New York-based artist Christo. The project would consist of 5.9 miles of steel cables, anchored on the riverbanks between 8 and 25 feet above a 42-mile stretch of the Arkansas River, over which fabric...

Vermonters for a Clean Environment v. Madrid

A district court dismissed an environmental group's NEPA and Wilderness Act lawsuit challenging the U.S. Forest Service's approval of a proposed utility-scale wind farm project in the Green Mountain National Forest in southern Vermont. The groups sought declaratory and injunctive relief to permanent...

United States v. Mazza

The Second Circuit vacated individuals' convictions for making false statements and conspiring to violate CERCLA. The jury instructions stated that because the defendant has an interest in the outcome of the trial, he has a motive to testify falsely and that the jury should bear this in mind when ev...

HLP Properties, LLC v. Consolidated Edison Co. of New York, Inc.

A district court granted in part and denied in part motions to dismiss property owners' CERCLA contribution claims against a company for contamination stemming from a manufactured gas plant that the company's predecessor operated from the 1830s until the early 1900s. In 2010, some of the property ow...