The Ninth Circuit upheld a consent decree under CERCLA requiring a PRP to pay $350,000, plus interest, in cleanup costs incurred at a former lead and silver mine site in Bonner County, Idaho. CERCLA authorizes the United States to settle with a PRP for an amount less than that PRP’s proportionate ...

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program, known as "LCAPP", would add a cumulative 2,000 megawatts of capacity to the regional power grid from which New J...

A Colorado court held that the Colorado Oil and Gas Conservation Act preempts a city's ban on all oil and gas extraction and related activities within the city's boundaries. The court held that the operational conflict in this case was "obvious and patent" on its face. There is no way to harmonize t...