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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 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...

Cleveland National Forest Foundation v. San Diego Ass'n of Governments

A California court held that the environmental impact report (EIR) San Diego prepared for its regional transport plan and accompanying sustainable communities strategy violates the California Environmental Quality Act (CEQA) because it failed to adequately address greenhouse gas emissions. The EIR i...

Pacific Palisades Bowl Mobile Estates, LLC v. Los Angeles

The California Supreme Court held that all subdivisions, including the conversion of a mobile home park from tenant occupancy to resident ownership, are "developments" for purposes of the California Coastal Act. Nor does the Subdivision Map Act exempt such conversions from the need to comply with ot...

Habitat & Watershed Caretakers v. City of Santa Cruz

A California appellate court reversed a lower court decision denying a petition challenging a city's certification of a final environmental impact report (EIR) for a project to amend the city's "sphere of influence" to include an undeveloped portion of a university campus in order to allow the city ...

Stockton Citizens for Sensible Planning v. Stockton, City of

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws. Their suit, however, is time barred under Cal. Gov. Code §65009(c...

Gellert v. Coltec Industries, Inc.

A bankruptcy court denied a company's motion to dismiss a bankruptcy trustee's CERCLA §107 claim against it for response costs incurred by the debtor to EPA, New York, and a manufacturer as a result of the debtor's settlement of their CERCLA claims. The company argued that the trustee cannot recove...