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Shell Oil Co. v. United States

The Court of Federal Claims held that the U.S. government need not reimburse oil companies for costs they incurred cleaning up contamination stemming from the production of aviation fuel during World War II. During the 1940s, at the urging of the U.S. government, the companies entered into contracts...

Indian Harbor Insurance Co. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing an insurance company's reimbursement action under the National Defense Authorization Act for cleanup costs associated with the development of property formerly used as a military base. The lower court determined that the com...

Alaska Survival v. Surface Transportation Board

The Ninth Circuit denied a petition challenging the Surface Transportation Board's (STB's) decision to grant an exemption and authorize a railroad company to build railroad line extension between Port MacKenzie and Wasilla, Alaska. The proposed rail line will pass through the waters and wetlands of ...

Brodsky v. United States Nuclear Regulatory Commission

The Second Circuit affirmed in part and vacated in part a lower court's grant of summary judgment in favor of the NRC in a case challenging its grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations. Environmental and citizens groups filed ...

Central Sierra Environmental Resource Center v. U.S. Forest Service

A district court held that the U.S. Forest Service violated its travel management rule, but not NEPA, when it issued its record of decision approving the Stanislaus National Forest Motorized Travel Management EIS. The agency looked at a reasonable range of alternatives to the proposed action, proper...

Jayne v. Sherman

The Ninth Circuit upheld the U.S. Forest Service's adoption of the Idaho Roadless Rule, which creates different categories of land within Idaho's 9.3 million acres of inventoried roadless areas. The court affirmed and adopted as its own a lower court ruling that also approved the rule. FWS's biologi...

Western Watersheds Project v. Salazar

A district court held that DOI complied with NEPA, the ESA, and FLPMA when it approved the construction of a large solar power plant in California's Mojave Desert. Environmental groups filed suit, alleging that BLM and FWS inadequately considered the project's effect on existing populations of deser...

New Jersey Department of Environmental Protection v. Dimant

The Supreme Court of New Jersey affirmed a lower court decision dismissing the state environmental agency's contribution action against a dry cleaner under the New Jersey Spill Compensation and Control Act to recover costs incurred in investigating and remediating PCE-contaminated groundwater. The a...