Bankcorpsouth Bank v. Environmental Operations, Inc.
A district court held that a bank may go forward with its CERCLA and negligence claims against engineering and remediation companies that prepared and implemented an environmental remediation plan for property in which the bank holds an interest, but it dismissed the bank's strict liability and negl...
Saline River Properties, LLC, v. Johnson Controls, Inc.
A district court held that a developer may be liable under CERCLA for response costs the former owner of contaminated property incurred at the site. The developer, who now owns the site, filed suit against the former owner to enforce an administrative order on consent that requires the former owner ...
Environmental Defense Fund v. Massey
The court holds that the presumption against extraterritorial application of statutes does not apply where the conduct regulated by the statute occurs primarily, if not exclusively, in the United States, and the alleged extraterritorial effect of the statute will be felt in Antarctica, and remands f...
Humane Soc'y Int'l v. Clinton
The court upholds a Court of International Trade (CIT) decision denying an animal rights group's request to issue a writ of mandamus directing the U.S. president to impose import restrictions on Italy for violating the Driftnet Fishing Act, and denying their request for an order requiring the Secret...
Salmon Spawning & Recovery Alliance v. U.S. Customs & Border Protection
The Federal Circuit held that conservation groups lack standing to pursue their Endangered Species Act (ESA) §9 claim against various federal agencies and officials for failing to enforce a ban on importing endangered and threatened fish but that they may have standing to challenge the agencies...
United States v. Eurodif S.A.
The U.S. Supreme Court held that the Tariff Act's antidumping duties on foreign merchandise sold in the United States at less than its fair value apply to imports of low enriched uranium obtained by domestic utilities in return for cash and unenriched uranium delivered to a foreign enricher. Section...