The Court of Federal Claims, in a case involving several claims arising out of the alleged federal mismanagement of tribal lands, held that CERCLA does not bar a tribe from seeking natural resource damages even though cleanup efforts at the site are not complete. The government argued CERCLA's bar o...

The D.C. Circuit granted a refining company's petition challenging FERC's methodology for determining payments to oil companies that use the Trans Alaska Pipeline System to transport oil in a commingled stream. Absent monetary adjustments to compensate for the difference in quality between inputs an...

A district court held that BLM failed to take a "hard look" at the environmental impact of hydraulic fracturing with regard to the agency's resource management plan (RMP) for public lands in California's central region. Under the resource management plan, 25% of new wells are expected to use hydraul...

The Seventh Circuit denied petitions for review challenging two DOE rules aimed at improving the energy efficiency of commercial refrigeration equipment. The first rule adopted new energy efficiency standards for commercial refrigeration equipment, and the second rule, issued a month later, clarifie...

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the developer applied for an incidental take permit and submitted a conserv...

The Ninth Circuit held that a mining company that operates a smelter in Canada should not be held liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company could not be said to have "arranged" for the "disposal" of haza...