Tronox, Inc. v. Anadarko Petroleum Co.
A district court approved a $5.15 billion settlement agreement—the largest such recovery in American history—resolving two lawsuits in which a spin-off company and the U.S. government asserted fraudulent transfer and other claims against an energy company and its parent. In 2006, the energy comp...
Alaska v. United States Department of Agriculture
The D.C. Circuit held that Alaska's lawsuit challenging the U.S. Forest Service's roadless rule is not time barred. The Forest Service issued the roadless rule in 2001. In 2005, the Forest Service repealed it, but the rule was reinstated by court order in 2006. In 2011, Alaska filed its lawsuit, whi...
Next Millennium Realty LLC v. Adchem Corp.
A district court, on motions for partial summary judgment, dismissed a property owner's CERCLA claims against a lessee who subleased the property to a dry cleaner, who then allowed perchloroethylene to be released into groundwater. The owner sought contribution from the lessee for past and future en...
Anthony Wayne Corp. v. Elco Industries, Inc.
A district court denied a manufacturing company's motion to dismiss a landowner's state law claims against it for breach of contract and for waste, but granted the company's motion to dismiss the landowner's claims for cleanup costs under CERCLA and state law. Since 1972, the landowner has leased th...
Florida Power Corp. v. First Energy Corp.
The Sixth Circuit held that a Florida utility's lawsuit to recover cleanup costs it has incurred in connection with the release of hazardous substances at two manufactured gas plant sites is time barred under CERCLA. As a former owner of the site, the utility is a PRP even though it did not release ...
Swan View Coalition v. Weber
A district court granted in part and denied in part motions for summary judgment in a case involving logging projects in the Flathead National Forest. In the case, environmental groups challenged the Forest Service's and FWS' authorization of the Glacier Loon Fuels Reduction and Forest Health Projec...
National Parks Conservation Ass'n v. United States Department of Interior
A district court upheld the National Park Service's (NPS') plan to allow off-road vehicle (ORV) use on designated trails in the "addition lands" of Florida's Big Cypress National Preserve. In 1988, Congress authorized the acquisition of what is referred to as the "addition lands," consisting of appr...
Yount v. Salazar
A district court upheld DOI's decision to withdraw more than one million acres of federal land adjacent to the Grand Canyon National Park from uranium mining. The withdrawal will close these lands to the exploration and development of uranium mining claims for 20 years, although mining of a few exis...
New York State Electric & Gas Co. v. FirstEnergy Corp.
The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred cleaning up coal tar contamination at manufactured gas plant sites in upstate New York. The lower court held the...