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New York State Electric & Gas Co. v. FirstEnergy Corp.

The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred cleaning up coal tar contamination at manufactured gas plant sites in upstate New York. The lower court held the...

United States v. Coeur d'Alenes Co.

The Ninth Circuit upheld a consent decree under CERCLA requiring a PRP to pay $350,000, plus interest, in cleanup costs incurred at a former lead and silver mine site in Bonner County, Idaho. CERCLA authorizes the United States to settle with a PRP for an amount less than that PRP’s proportionate ...

Snyder v. Ohio Department of Natural Resources

The Ohio Supreme Court held that a mineral rights owner may be able to strip mine portions of a state wildlife area. The state and the mineral rights owner entered a contract granting the owner “all mineral rights, including rights of ingress and egress and reasonable surface right privileges.” ...

High Country Conservation Advocates v. United States Forest Service

A district court issued a final order vacating BLM's and the U.S. Forest Service's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork Valley. The court previously held that the agencies violated NEPA when it approved the projects and enjoined interveni...

Montana Environmental Information Center v. Stone-Manning

The Ninth Circuit held that it lacks subject matter jurisdiction over environmental groups' citizen suit challenging the Montana Department of Environmental Quality's potential approval of a surface mining permit. The groups argued that the agency director would be in violation of SMCRA if she appro...

Center for Community Action & Environmental Justice v. BNSF Railway Co.

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a railroad company seeking to enjoin the emission of particulate matter found in diesel exhaust from the company's railyards. RCRA’s citizen suit provision permits any person to sue the owner or operator of a...

Enteck GRB LLC v. Stull Ranches, LLC

The Tenth Circuit held that an energy company may cross private property in order to develop new oil well sites under the property owner's surface estate as well as to access one of its existing wells located on adjacent BLM property. The only way to access the well on the BLM property is via a road...