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Pakootas v. Teck Cominco Metals, Ltd.

A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River. In this case, the harm is the entiret...

Robinson Township v. Commonwealth

A Pennsylvania appellate court enjoined for 120 days the effective date of a new state law, Act 13, that authorizes municipalities to regulate the location of oil and gas operations but not the manner in which they are operated. The court reasoned that municipalities must have an adequate opport...

Consolidated Edison Co. of New York v. Entergy Nuclear Indian Point 2, LLC

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of damages relating to the costs of operating a spent fuel pool after t...

Litgo New Jersey, Inc. v. Martin

A district court held that a property owner is not entitled to attorney fees from the U.S. government in an underlying case in which the government was found liable under RCRA for trichloroethylene contamination at the site. The lower court held that the U.S. Army, Navy, and Air Force were liable as...

Waste Industries USA, Inc. v. State

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not fac...