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Weekly Cases Update Volume 46, Issue 11

Asarco, LLC v. Atlantic Richfield Co.

ELR 20074
2016 MT 90 (Mont., April 2016)

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under...

Contribution, Estoppel, Sites

Animal Legal Defense Fund v. Food & Drug Administration

ELR 20073
13-17131 (9th Cir., April 2016)

The Ninth Circuit held that FDA properly withheld certain information concerning egg-production farms in Texas that was requested by an animal rights group under FOIA. FOIA Exemption 4 applies to “trade secrets and commercial or financial information obtained from a person and privileged or...

Exemption No. 4, Wildlife (generally)

Lake Eugenie Land & Development, Inc. v. BP Exploration & Production, Inc. (In re Deepwater Horizon)

ELR 20076
15-30574 (5th Cir., April 2016)

The Fifth Circuit upheld a lower court decision ordering a commercial fishing company to pay back the money it received from the Deepwater Horizon settlement fund and barring it from receiving future payments. The Deepwater Horizon Economic and Property Damages Settlement...

Fraudulent misrepresentation, Settlement agreements

Juliana v. United States

ELR 20072
6:15-cv-1517 (D. Or., April 2016)

A magistrate judge recommended that a district court deny motions to dismiss a lawsuit brought by a group of young people against the U.S. government for failing to protect them from climate change. The plaintiffs alleged that the government has known for decades that carbon dioxide (CO2)...

Climate Change (generally), Equal protection, Substantive due process

United States v. Gunselman

ELR 20075
13-10409 (5th Cir., April 2016)

The Fifth Circuit upheld an individual's sentence and conviction for wire fraud, money laundering, and CAA violations for selling false renewable fuel credits. The individual represented to EPA and to fuel companies seeking to purchase renewable fuel credits that he manufactured renewable fuels...

Criminal penalty provisions, §113(c), Fuels regulation, §211