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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...

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...

Emhart Industries Inc. v. New England Container Co.

A district court held that an industrial chemical company is not liable for fines for refusing to comply with an administrative order under CERCLA. In an previous decision, the company was found jointly and severally liable for the release of dioxin at the Centredale Manor Restoration Project Superf...

El Paso Natural Gas Co. LLC v. U.S.

A district court held that a natural gas company can seek contribution from the federal government for uranium contamination cleanup under CERCLA. The company filed suit against the federal government for contribution for costs incurred cleaning up 19 former uranium mines on a Navajo reservation as ...

Sierra Club v. FERC

The D.C. Circuit held that carbon emissions from gas-burning power plants should have been considered in federal regulators’ review of a Florida natural gas pipeline. Environmental groups and landowners challenged a FERC decision to approve the construction and operation of three new interstate na...