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Weekly Cases Update Volume 47, Issue 28

TDY Holdings, LLC v. United States

47 ELR 20121
15-56483 (9th Cir., October 2017)

The Ninth Circuit reversed a district court decision that allocated 100% liability under CERCLA to a government contractor seeking contribution from the U.S. government. For 60 years the contractor operated a manufacturing facility where it manufactured aircrafts primarily for the U.S....

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Sturgeon v. National Park Service

47 ELR 20119
13-36165 (9th Cir., October 2017)

The Ninth Circuit held that the Alaska National Interest Lands Conservation Act did not limit the Park Service from applying the hovercraft ban on the Nation River in the Yukon-Charley preserve. A plaintiff sought to use his hovercraft in a national preserve to reach moose hunting grounds. While...

Public Lands

FMC Corp. v. Shosone-Bannock Tribes

47 ELR 20122
4:14-CV-489-BLW (D. Idaho, September 2017)

A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly within Shoshone-Bannock Fort Hall Reservation, and produced 22 million tons of waste stored on the...

Resource Conservation and Recovery Act (RCRA)

Illinois v. Nagle Station, LLC

47 ELR 20123
1-16-0534 (Ill. App. Ct. , September 2017)

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a 2014 spill that contaminated soil and groundwater. The spill...

Hazardous Substances

United States v. Moss

47 ELR 20120
16-30561 (5th Cir., September 2017)

The Fifth Circuit affirmed a district court ruling that Outer Continental Shelf Lands Act (OCSLA) safety regulations do not apply to contractors, subcontractors or service providers. The case concerned a fatal explosion during "hot work" on an oil rig in the Gulf of Mexico that killed three...

Energy (generally)