The Federal Claims Court dismissed a water district's claim that certain operating restrictions on a water project imposed by the National Marine Fisheries Service under the ESA to protect endangered steelhead trout is a physical taking entitling it to compensation under the Fifth Amendment. The res...

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...

A California appellate court reversed and remanded a lower court decision invalidating a settlement agreement between the state and three water and irrigation agencies concerning the intra-state right to water from the Colorado River. In addition to allocating water rights within the state, the sett...

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian mining company that allowed the company to excavate and remove metal-...

A district court held that an oil company is liable for property damages caused by its predecessor-in-interest who conducted oil and gas exploration and production activities on the site under three subleases. Article 128 of the Louisiana Mineral Code provides that a sublessee acquires the rights an...

A district court upheld the National Marine Fisheries Service's (NMFS') decision to list the Cook Inlet beluga whale as endangered under the ESA. The state of Alaska, an oil company, and several nonprofit corporations challenged the decision, questioning the rationale behind the NFMS' decision, its ...

A district court set aside and remanded the FWS' 12-month finding that the desert bald eagle does not qualify as a distinct population segment (DPS) of bald eagles entitled to statutory protection under the ESA. In 2004, an environmental group petitioned the FWS to list desert eagles as a DPS, but t...

The Ninth Circuit affirmed in part and reversed in part a lower court decision vacating the FWS' decision to remove the Yellowstone distinct population segment of grizzly bears from the ESA's threatened species list. Given the lack of data indicating grizzly population stability in the face of white...