Governance

The court upholds a trial court determination that a use prohibition issued by the U.S. Army Corps of Engineers under Federal Water Pollution Control Act §404 constitutes a mere diminution in…

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New…

The Third Circuit denies an organization of manufacturers' and local governments' petition for review of the U.S. Environmental Protection Agency's (EPA's) denial of…

The court holds that a consent judgment under which the United States acquired title to Horn Island in the Gulf of Mexico is null and void. Plaintiff-appellants had contracted to sell a portion of…

The court holds that a D.C. Circuit ruling that the U.S. Department of the Interior's (DOI's) decision to assess royalties on nonrecoupable take-or-pay payments was an arbitrary and…

The court holds that Arkansas law does not allow the tolling of the statute of limitations where there is no evidence of fraudulent concealment in a timber company's wrongfully removed…

The court vacates district court sanctions that called for the suspension of three attorneys and the payment of $1 million to a halfway house, but affirms a $120,000 sanction for counsel fees and…

The court holds that it lacks jurisdiction over an interlocutory appeal of a district court's refusal to hold a pre-indictment hearing to determine if the government improperly used compelled…

The court holds that, pursuant to Nebraska law, the "as damages" language in a comprehensive general liability (CGL) insurance policy issued to a manufacturing company that disposed of…

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding…