Sullivan v. Resisting Environmental Destruction on Indigenous Lands
The Alaska Supreme Court held that neither the Alaska Constitution nor the Alaska Land Act require the state's natural resources agency to issue a written best interest finding at each step of an oil and gas development project. The Act's best interest finding requirement is purely a creature of the...
Ed Niemi Oil Co. v. Exxon Mobil Corp.
A district court held that genuine issues of material fact preclude a grant of summary judgment in a petroleum distributor's contribution claim against an oil company for costs incurred cleaning up hazardous substance contamination at a gas station and bulk petroleum storage plant formerly leased by...
Asarco LLC v. NL Industries, Inc.
A district court stayed a bankrupt mining company's contribution claims against various defendants for response costs and natural resource damages incurred in connection with the Tri-States Mining District until the amount of total liabilities are determined. The Tri-States area, where lead and zinc...
Chubb Custom Insurance Co. v. Space Systems/Loral, Inc.
The Ninth Circuit upheld the dismissal of an insurance company's subrogation suit for recovery of insurance payments made to its insured for environmental response costs the insured incurred cleaning up pollutants released on its property. The company claimed that the defendants should be held joint...
Pacific Coast Federation of Fishermen's Ass'ns v. United States Department of the Interior
A district court held that commercial fishing groups may go forward with their NEPA lawsuit against the Bureau of Reclamation in a case involving the Bureau's approval of eight water delivery contracts in California's Central Valley. The groups argued that the Bureau's EA failed to adequately consid...
Western Energy Alliance v. Salazar
The Tenth Circuit dismissed an appeal brought by energy companies arguing that §266(b)(1)(A) of the Mineral Leasing Act requires BLM to issue oil and gas leases within 60 days of payment. The energy companies were the highest bidders on 118 pending leases, and because more than 60 days had passed s...