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Gadsden Indus. Park, LLC v. United States
A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore up from the ground, and removed roughly 1,400 feet of track owned...
Sierra Club v. Zinke
A district court held that BLM violated the APA when it postponed compliance with Obama-era greenhouse gas emission rules. Several states and tribal citizen groups brought suit against BLM when it published a notice in the Federal Register postponing compliance dates for certain sections of the Wast...
TDY Holdings, LLC v. United States
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. government. F...
Columbia Riverkeeper v. Cowlitz City
The Washington state Shorelines Hearing Board denied plans to build a methanol refinery on the Columbia River because the plans failed to adequately consider greenhouse gas emissions. A manufacturing company proposed to manufacture methanol from natural gas supplied by a lateral pipeline, with the m...
Center for Biological Diversity v. EPA
A district court ordered EPA to issue infrastructure requirements for the 2012 fine particulate matter NAAQS for five states within 90 days. In 2015, New Jersey, Pennsylvania, Washington, Illinois, Massachusetts, and Rhode Island missed their deadlines to present compliance plans for the 2012 fine p...
SPS LP v. Sparrows Point, LLC
A district court ruled that passive migration of benzene from a former steel mill to an adjoining shipyard does not make the owners liable for a "disposal" under CERCLA. The plaintiff's shipyard contained a "graving dock," which is used for the "repair or scrapping of ships under dry conditions." Th...
Natl. Parks Conserv. Assn. v. EPA
A district court denied EPA's request to amend a 2012 consent decree obligating the Agency to approve state regional haze plans. In 2011, environmental groups sued the Agency to compel it to take action on nine states' regional haze plans. Under a consent decree, EPA was given until September 9, 201...