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Litgo New Jersey, Inc. v. Martin

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...

Karuk Tribe of California v. United States Forest Service

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...

LM Nursing Service, Inc. v. Ferreira

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...

Gardner v. United States Bureau of Land Management

The Ninth Circuit upheld the dismissal of a citizen group's lawsuit seeking to compel BLM to prohibit off-road vehicle use in Oregon's Little Canyon Mountain area. BLM did not make a finding that the off-road vehicle use complained of by the group had caused "considerable adverse effects" that would...