Pakootas v. Teck Cominco Metals, Ltd.
The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped several million tons of industrial waste into the Columbia River was liable for a Native American tribe's response costs. The company argued that CERCLA did not allow the tribe to recover its costs of es...
Bohmker v. Oregon
The Ninth Circuit affirmed a summary judgment rejecting a mining association's challenge to an Oregon law that prohibits the use of motorized mining equipment in rivers and streams containing essential salmon habitat. The association argued that the law was field preempted by the federal 1872 Mining...
Utility Solid Waste Activities Group v. Environmental Protection Agency
The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that the rule unlawfully disregarded significant risks of harmful leak...
Sierra Club v. United States Department of the Interior
The Fourth Circuit vacated both an incidental take statement issued by FWS and a right-of-way permit issued by the National Park Service (NPS) for construction of a natural gas pipeline that intersects the Blue Ridge Parkway. Environmental groups argued that the take limits set by FWS in its Inciden...
Sierra Club, Inc. v. United States Forest Service
The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S. Forest Service's decision to amend the Jefferson National Forest Land Resource Management Plan to accommodate the right-of-way and pipeline construction. En...