The court holds on motions for summary judgment that a manufacturer and a newspaper company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for allowing a landowner to dispose of their waste on his property without a permit. The court first holds t...
The court reverses and remands a district court decision that landowners who sued oil companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit did not incur response costs in acting to contain a proven release of hazardous substances. The court fist holds th...
The court reverses a district court decision granting summary judgment in favor of two corporations in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation an...
Above my desk at work, I keep a button that reads "Save the Ugly Animals Too." It is a reminder that more than just the charismatic megafauna, such as wolves and bald eagles and grizzly bears and whales, are worth conserving. From the standpoint of protecting the web of life, including the ecosystems that benefit us all by providing services such as water purification, flood control, nurseries for our fish and shellfish, and opportunities for outdoor recreation, it is often as important to conserve the lesser known species, the cogs and wheels that drive those ecosystems.
In a recent essay, Katrina Wyman suggests four substantial reforms aimed at improving implementation of the Endangered Species Act (ESA) and furthering species recovery: (1) decoupling listing decisions from permanent species protection;3 (2) requiring the Fish & Wildlife Service (FWS) to implement cost-effective species protection measures;5 (3) prioritizing funding for biological hotspots;6 and (4) establishing additional protected areas.
Katrina Wyman has penned a bold, provocative, and innovative critique of the capability of the Endangered Species Act (ESA or Act) to meet the challenges of an increasingly human-dominated world. Bold because the ESA, perhaps more than any other environmental law, has impassioned champions who disfavor dissent. It is no easy task to critique a law with the truly noble mission to preserve life other than our own, particularly when the law's basic premise is that the mission's success is critically dependent on abundant and altruistic actions by us.
A California appellate court held that a subdivision development project is not exempt from environmental review under the California Environmental Quality Act (CEQA). The county deemed the project exempt from CEQA under the categorical exemption for in-fill development. But the proposed subdivision...
An Indiana appellate court held that the economic loss doctrine does not preclude a property owner from pursuing negligence claims against a company that previously operated a manufacturing site on adjacent property. If a plaintiff is not seeking damages involving the benefit of the bargain or other...
The Florida Supreme Court held that commercial fishermen can recover for economic losses caused by the negligent release of pollutants even if they do not own any property damaged by that pollution. The case arose after waste from a fertilizer company entered a pond, resulting in a loss of underwate...
The Tenth Circuit held that the Migratory Bird Treaty Act (MBTA) applies a strict liability standard to the taking or killing of migratory birds but that it requires a defendant to proximately cause the statute's violation for the statute to pass constitutional muster. The case arose when two oil dr...