United States v. Bengis
A district court ordered three men to pay South Africa $29.5 million in restitution for illegally harvesting and importing into the United States large quantities of West Coast rock lobsters from South African waters in violation of the Lacey Act. But because the men already paid $7 million to South...
Polar Bear Endangered Species Act Listing
The D.C. Circuit upheld FWS's determination that sport-hunted polar bear "trophies" may no longer be imported into the United States under the Marine Mammals Protection Act (MMPA) as of the effective date of the ESA listing rule for the species. In May 2008, FWS determined threatened status for the ...
Applewood Properties, LLC v. New South Properties, LLC
The North Carolina Supreme Court held an injured person may not bring a civil action against a defendant under the Sedimentation Pollution Control Act of 1973 (SPCA) when the defendant has received notices of noncompliance but has not been cited for a violation of a relevant law, rule, order, or ero...
Evergreen Partnering Group, Inc. v. Pactiv Corp.
The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop recycling business method for polystyrene food service products....
United States v. D.S.C. of Newark Enterprises, Inc
A district court held, in an unpublished opinion, that a company that sold its facility, including equipment that contained asbestos dust and waste, may not be held liable as an owner or operator or as an arranger under CERCLA. Nearly 20 years after the company sold the site, the new owner abandoned...
Doe Run Resources Corp. v. Lexington Insurance Co.
The Eighth Circuit held that pollution exclusion clauses preclude an insurance company's duty to defend a lead producer in an underlying lawsuit alleging damages stemming from the release of hazardous wastes or toxic substances, but they do not preclude coverage in a lawsuit alleging that the lead p...