The Tenth Circuit reversed a district court ruling that barred a mining company from pursuing a CERCLA contribution claim for the Lower Silver Creek/Richardson Flat site because of representations it made to a bankruptcy court concerning its settlement agreement with EPA. In 2009, as part of a Chapt...

A district court, on cross-motions for summary judgment, held that a utility company should not be held liable under CERCLA for the release of hazardous substances on two properties owned by an energy company. The energy company brought this action under CERCLA to recover cleanup costs it incurred i...

A district court denied as untimely a newspaper’s motion to intervene in a case involving a 27-year-old CERCLA action. The newspaper claimed it had, under state law, the right to information related to confidential settlement negotiations that took place between the U.S. government and a mining co...

A district court denied in part and granted in part motions for summary judgment in a suit involving the effects of the Leavenworth [WA] National Fish Hatchery’s operation on endangered Chinook salmon and steelhead in Icicle Creek. An environmental group alleged NMFS's biological opinion (BiOp) an...

The D.C. Circuit reversed a lower court decision that two hunting organizations could not challenge FWS’ indefinite suspension of import permits of African elephant trophies from Tanzania. The hunters challenged FWS’ 2014 suspension on the grounds that the suspension was legislative and required...