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Thompson Corners, LLC v. New York State Department of Environmental Conservation
A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of corrective action on the property. Article 27 of New York's Environmen...
Friends of the Wild Swan v. Ashe
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 ...
In Defense of Animals v. United States Department of the Interior
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...
Appalachian Voices v. McCarthy
A district court rejected a proposed consent decree that would have required EPA to review and, where necessary, revise by December 19, 2014, certain regulations concerning coal ash under RCRA. The court determined that the proposed consent decree was fair, adequate, reasonable, appropriate, and gen...