A district court granted the United States' motion to dismiss a Native American tribe's claims against it in connection with the government's remediation of a former uranium mill located on the Navajo Nation Reservation near Tuba City, Arizona. In 1985, the DOE and the tribe entered into a coop...
A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The court originally allocated 65% of costs to the plaintiffs, 32% to the defendants, and 3% to the federal g...
The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for purposes of triggering the ESA's interagency consultation obligations. The case involves the Forest Serv...
The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company. Below, the groups moved for summary judgment on the basis that the company was violating the CAA by constructing a new major source of hazardous air pollution without f...
The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicl...
A district court denied two aviation associations' motions to intervene in a case asking the court to order EPA to use its authority under the CAA to regulate greenhouse gas emissions from marine vessels, aircraft, and other nonroad vehicles. The aviation associations filed the instant motions to in...
A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...