A district court held that BP and Anadarko Petroleum are responsible parties under OPA for pollution stemming from the Deepwater Horizon disaster and subject to civil penalties under the CWA, but that issues remain as to whether Transocean can be held liable under the CWA. BP and Anadarko co-owned...

The D.C. Circuit remanded a Minerals Management Service (MMS) order obligating an oil and gas company to plug permanently and to abandon its oil wells off the coast of California. The company argued that its contractual obligations under the lease, including any duties to plug and abandon the well, ...

The Tenth Circuit dismissed petitions challenging National Park Service (NPS) rules governing snowmobile use in the Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller Jr. Memorial Parkway. Petitioners, which included Wyoming, snowmobile associations, and a county, ...

The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites. The text of the CWA, as well as corresponding EPA regulations, confirm that the permit requirements apply...

A district court held that North Carolina's general 10-year statute of repose does not bar a woman's lawsuit against the United States for injuries stemming from exposure to contaminated drinking water at a military base in North Carolina 20 years earlier. The North Carolina Legislature did not inte...

The Ninth Circuit held that the U.S. Forest Service did not violate NEPA when it allowed a ski resort operator to make artificial snow with reclaimed water. The lower court erred in holding that the suit was barred by laches. Although the plaintiffs lacked diligence in pursuing their claims, a l...

The Ninth Circuit held that DOE's environmental assessment of a prospective "biosafety level-3" facility at the Lawrence Livermore National Laboratory complied with NEPA. DOE took the requisite "hard look" at the threat of a direct terrorist attack at the facility. DOE also reasonably exercised ...

The Fourth Circuit dismissed environmental groups' NEPA claim against the Federal Highway Administration and the Virginia Department of Transportation concerning improvements to a highway. The groups claimed that the agencies are attempting to foreclose consideration of environmentally friendly ...