A district court held that FWS' delay in developing and implementing a recovery plan for the Canada lynx, which was listed as threatened in 2000, is unreasonable. The ESA directs FWS to prepare a recovery plan for listed species but does not include a timetable or indication of the speed with which ...

The Ninth Circuit held that BLM's roundup or "gather" of approximately 1,639 wild horses and 160 burros from the Twin Peaks Herd Management Area (HMA) on the California-Nevada border complied with the Wild Free-Roaming Horses and Burros Act and NEPA. Post-gather, 793 wild horses and 160 burros resid...

The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and less...

The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II. The oil companies entered into contracts with the government that promise...

The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second and t...