Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
Northern States Power Co. v. City of Ashland
A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113 contribution claims stemming from a 2003 consent decree, and all its §107 cost recovery claims, are time-b...
Ameripride Services, Inc. v. Texas Eastern Overseas, Inc.
The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, a district court has discretion to determine the most equitable method of accounting for settlements between private parties. Agreeing with the First Circuit and declining to follow the re...