PPG Industries Inc. v. United States
The Third Circuit affirmed a district court ruling that the U.S. government was not liable to a coatings company for cleanup costs at a chromite ore processing plant with which it was involved during World War I and World War II. The district court concluded the government was not subject to operato...
Physicians for Social Responsibility v. Wheeler
The D.C. Circuit reversed a district court's dismissal of a challenge by scientific advocacy groups to EPA's directive barring recipients of EPA grants from serving on any of the Agency's advisory committees. The groups argued that the directive lacked a reasoned explanation for changing its policy,...
Atlantic Richfield Co. v. Christian
The U.S. Supreme Court affirmed in part and vacated in part the Montana high court's ruling in a lawsuit concerning cleanup actions across a 300-square-mile Superfund site in Butte. Landowners whose properties are located within the site brought trespass, nuisance, and strict liability claims under ...
Natural Resources Defense Council v. U.S. Environmental Protection Agency
A district court vacated EPA's 2017 directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. An environmental group argued the directive should be vacated and remanded following the court's previous ruling that granted summary ju...
Waterkeeper Alliance v. Wheeler
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop an...
Center for Biological Diversity v. Trump
A district court granted in part and denied in part the Trump Administration's motion to dismiss a challenge to its plans to fund construction of a wall along the U.S.-Mexico border. An environmental group argued that the president exceeded his authority under the National Emergency Act (NEA) when h...
Building Credibility: Lessons From the Leadership of William Ruckelshaus
The recent passing of William D. Ruckelshaus has recalled and re-invited comparisons between the Trump and Nixon presidencies. Although Ruckelshaus might be most widely remembered for the “Saturday Night Massacre,” a review of his career in the Nixon and Reagan Administrations demonstrates a through-line of sound administration and independent regulatory leadership, at times in contrast to or in spite of his political environment.