A district court held that a paper company is entitled to contribution from a downstream company for costs it incurred cleaning up PCB contamination at four of five operable units along a river. The court previously ruled that the downstream company was not entitled to contribution from the ...

A district court held that personal injury provisions contained in an insurance policy require the insurer to indemnify a mining company for any monetary liability arising from its contamination of land and water on and adjacent to a uranium mining site on the Spokane Indian Reservation in e...

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review under the APA. The Service's biological opinion concluded that the...

A district court held that an aerospace and technology company is not entitled to insurance coverage by "operation of law" for certain environmental liabilities under CERCLA on policies issued by an insurance company to the prior owner of the contaminated site at issue. The company's operati...

A district court dismissed a CERCLA §107 claim brought by a group of real estate developers who purchased contaminated property from a manufacturing company in 1986. Prior to purchasing the property, the group hired an environmental consultant who performed a cursory environmental audit. Th...

A district court upheld the FWS' biological opinion and the U.S. Forest Service's EIS and record of decision for the Idaho Roadless Rule. The court therefore denied environmental groups' request to enjoin the rule and replace it with the nationwide roadless rule that was enacted in 2001. The...

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately ...

A district court held that CERCLA's statute of limitations does not bar the United States from recovering certain costs it incurred in 1993 and 1995 responding to soil and ground water contamination at the Fletcher Paint Works and Storage Facility Superfund site in Milford, New Hampshire. Af...

A district court denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to take all available measures to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan. In the face of multia...