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Native Fish Society v. National Marine Fisheries Service
A district court held that the National Marine Fisheries Service (NMFS) violated NEPA and the ESA in approving certain operations at a fish hatchery on Oregon's Sandy River. NMFS regulations provide an exemption for the otherwise unlawful take of anadromous fish caused by a hatchery's artificial pro...
Maughan v. Vilsack
A district court denied environmental groups' motions for a temporary restraining order and preliminary injunction to halt the Idaho Department of Fish and Game's wolf trapping and hunting program in the Frank Church-River of No Return Wilderness area. Since December 2013, seven gray wolves have bee...
Pennsylvania Department of Environmental Protection v. Beazer East, Inc.
The Third Circuit, in an unpublished opinion, affirmed a lower court decision dismissing as time barred a state environmental agency's CERCLA lawsuit seeking reimbursement of response costs incurred at a former landfill. The defendants argued that the agency's action at the site was a "removal" acti...
People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture
A district court dismissed an animal rights group's lawsuit seeking to compel USDA to enforce the general Animal Welfare Act (AWA) regulations with respect to the mistreatment of birds and to promulgate new AWA regulations that are specific to birds. Although the group successfully demonstrated orga...
Intertribal Sinkyone Wilderness Council v. National Marine Fisheries Service
A district court held that the National Marine Fisheries Service (NMFS) has until August 1, 2014, to revise its plan for protecting whales, dolphins, porpoises, seals, and sea lions from U.S. Navy warfare training exercises along the coasts of California, Oregon, and Washington. The court previously...
Banning, City of v. Dureau
A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a preponderanc...
Coppola v. Smith
A district court dismissed, with leave to amend, a dry cleaning business owner's CERCLA claims against a water company for soil and groundwater contamination. The owner alleged that the water company's operation of a nearby well led to the release of perchloroethylene (PCE). But the complaint does n...