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Center for Biological Diversity v. BP America
The Fifth Circuit affirmed in part and reversed in part a lower court decision dismissing an environmental group's CWA, CERCLA, and EPCRA claims against BP and Transocean Ltd. following the Deepwater Horizon disaster. BP leased the mobile offshore drilling unit known as Deepwater Horizon from Transo...
Sierra Club v. Tahoe Regional Planning Agency
A district court, in a 114-page opinion, held that a regional planning agency violated the California Environmental Quality Act when it approved the expansion of a ski resort near Lake Tahoe. The evidence fails to support the agency's finding that a reduced alternative was not economically infeasibl...
Banning Ranch Conservancy v. Newport Beach, City of
A California appellate court affirmed a lower court decision denying a conservation group's petition seeking to vacate a city's certification of an environmental impact report (EIR) for the development of a park. The group argued that the EIR wrongly defined the project to exclude pending residentia...
Pakootas v. Teck Cominco Metals, Ltd.
A district court held that a mining company that operates a smelter in Canada is liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company stipulated that it discharged slag and effluent into the Columbia River from its...
Central Basin Municipal Water District v. Water Replenishment District of Southern California
A California appellate court affirmed a lower court decision denying a municipal water district's petition challenging a water replenishment district's "water emergency" declaration for California's Central Basin. The water district argued that the replenishment district failed to comply with the Ca...
Central Coast Forest Ass'n v. California Fish & Game Commission
A California appellate court reversed a lower court decision granting lumber companies' petition to delist coho salmon from the California list of endangered species. The companies' petition sought to show that there was no basis for the California Fish & Game Commission's 1995 finding that coho...
Asarco, LLC v. Hecla Mining Co.
A district court held that a refinery that settled in bankruptcy court its liability for response costs incurred at a Superfund site may seek contribution from a mining company. The mining company argued that the settlement agreement for which the refinery seeks contribution only resolves the refine...