Resource Investments, Inc. v. United States
The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court of ...
In re Deepwater Horizon
The Fifth Circuit held that parties to the class action settlement agreement concerning economic and property damages stemming from the Deepwater Horizon oil spill may seek appellate review of district court decisions on individual claims. The district court had approved final rules governing discre...
PCS Nitrogen, Inc. v. Ross Development Corp.
A district court held that a corporation subject to an EPA unilateral administrative order (UAO) in connection with the Columbia Nitrogen Superfund site in Charleston, South Carolina, may seek contribution under CERCLA §113 and not §107. Defendant companies argued that the corporation was preclude...