Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.
A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of cleaning up contamination at a steel processing site. The curre...
State ex rel. Koster v. Republic Services, Inc.
A district court granted Missouri's remand request to litigate in state court its lawsuit against the owner and operator of a landfill in connection with an uncontrolled, underground trash fire at the site. The state alleged various state law violations, along with claims for nuisance, cost recovery...
Boler v. Earley
A district court held it lacks subject matter jurisdiction over a class action lawsuit that stems from the water contamination crisis in Flint, Michigan. The plaintiffs alleged that the city violated their constitutional rights and state law by providing contaminated water and requiring them to pay ...
Asarco, LLC v. Atlantic Richfield Co.
The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...
Mayo v. Jarvis
A district court remanded a portion of FWS’ addendum to a 2007 biological opinion concerning the incidental take of grizzly bears in the Grand Teton National Park. In 2007, FWS and the National Park Service (NPS) issued a joint 15-year management plan for bison and elk herds that migrate across th...
Navajo Nation v. U.S. Department of the Interior,
The Ninth Circuit reversed a lower court decision dismissing the Navajo Nation's lawsuit against the National Park Service (NPS) that seeks immediate return of human remains and associated funerary objects taken from its reservation. Between 1931 and 1990, NPS removed 303 sets of human remains and a...
Sturgeon v. Frost
The U.S. Supreme Court reversed a lower court decision barring a hunter from using a hovercraft over a stretch of the Nation River that flows through the Yukon-Charley Rivers National Preserve, a conservation system unit in Alaska that is managed by NPS. The hunter argued that NPS' ban on hovercraft...
Ark Initiative v. Tidwell
The D.C. Circuit upheld the U.S. Forest Service's decision to exclude approximately 8,300 acres of federal land that fall within recreational ski boundaries from the Colorado roadless rule. The Service issued the rule in 2012, adopting state-specific standards for the designation and management of t...
Idaho Wool Growers v. Vilsack
The Ninth Circuit upheld the U.S. Forest Service's decision to close to domestic sheep grazing approximately 70% of allotments on which grazing had been permitted in the Payette National Forest in Idaho. The Forest Service's decision was made in response to concerns about disease transmission to imm...