The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi ...
The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of ...
The Fifth Circuit granted oil and gas interest groups' and the state of Texas' petition to review NRC's issuance of a license to a private company to operate a temporary storage facility for spent nuclear fuel on the Permian Basin. Petitioners argued, among other things, that NRC lacked statutory au...
The Pipeline and Hazardous Materials Safety Administration proposed revisions to the pipeline safety regulations to require operators of gas distribution pipelines to update their distribution integrity management programs, emergency response plans, operations and maintenance manuals, and other safety practices.
The U.S. Sentencing Commission amended the policy statement and commentary in the Guidelines Manual that provides for a reduction in a defendant's term of imprisonment as a result of an amended guideline range.
The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on July 24, 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025.
United States v. Atlantic Richfield Co., No. 4:23-cv-00050-BMM (D. Mont. Aug. 22, 2023). Under a proposed consent decree, a settling CERCLA defendant must (1) perform certain remedial actions to address soil contamination, (2) pay EPA $464,475.12 in reimbursement of past response costs, and (3) reimburse EPA for future costs, in connection with the release of hazardous substances at the ACM Smelter and Refinery Site in Cascade County, Montana.
United States v. TCI Pacific Communications, LLC, No. 2:23-cv-06076 (D.N.J. Aug. 21, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay $950,000 for past response costs arising from removal action by the EPA to address lead-contaminated soil at the Barth Smelting Corporation Site in Newark, New Jersey.
EPA proposed to enter into a cost recovery settlement agreement under CERCLA with Crown Container Transfer Station Co., Inc. concerning the Frankfort Asbestos Superfund site in Frankfort, New York.
United States v. NCR Corp., No. 1:19-cv-01041 (W.D. Mich. Aug. 11, 2023). A proposed agreed modification to a consent decree governs how a settling CERCLA defendant will pay response costs and perform response work at the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund site in Michigan.