The Ninth Circuit upheld the U.S. Forest Service's adoption of the Idaho Roadless Rule, which creates different categories of land within Idaho's 9.3 million acres of inventoried roadless areas. The court affirmed and adopted as its own a lower court ruling that also approved the rule. FWS's biologi...

A district court held that a mining company that operates a smelter in Canada is liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company stipulated that it discharged slag and effluent into the Columbia River from its...

A district court held that a refinery that settled in bankruptcy court its liability for response costs incurred at a Superfund site may seek contribution from a mining company. The mining company argued that the settlement agreement for which the refinery seeks contribution only resolves the refine...

A district court ordered BLM to revise the Craters of the Moon and Pinedale resource management plans (RMPs) to correct deficiencies concerning impacts on the sage-grouse. In an earlier decision, the court held that BLM's EISs for the RMPs failed to adequately analyze impacts to the sage grouse in v...

A bankruptcy court denied a company's motion to dismiss a bankruptcy trustee's CERCLA §107 claim against it for response costs incurred by the debtor to EPA, New York, and a manufacturer as a result of the debtor's settlement of their CERCLA claims. The company argued that the trustee cannot recove...

A district court held that the bar to transfer of CERCLA liability applies to contribution claims brought between and among third parties, not just the U.S. government. CERCLA §107(e)(1) provides that "no indemnification, hold harmless, or similar agreement or conveyance shall be effective to trans...

A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining District. The mining company argued that the smelting company, which...

The Ninth Circuit affirmed a lower court decision denying an environmental group attorney fees after it successfully challenged BLM's post-fire grazing decisions and authorizations in the Jarbridge Resource Area in Idaho. In 2004, an environmental group filed suit against BLM challenging its renewal...

The Ninth Circuit affirmed a lower court decision dismissing gold miners' suit against the U.S. Forest Service challenging its decision to limit the use of motor vehicles to certain roads in the El Dorado National Forest. The miners have standing to pursue their claim. At least some of the miners ha...