Idaho Conservation League v. Wheeler
The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry. Environmental groups argued the decision violated CERCLA by wrongly interpreting the term "risk" in the operative provisions as limited to the risk of taxpayer-funded response...
Gold King Mine Release in San Juan County, Colorado on August 5, 2015
A district court denied EPA's motions to dismiss a lawsuit brought by two states and a Native American tribe seeking to recover response costs from the 2015 Gold King mine spill that sent millions of gallons of acid mine drainage into the Animas and San Juan Rivers. EPA argued that it retained sover...
Pakootas v. Teck Cominco Metals, Ltd.
The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped several million tons of industrial waste into the Columbia River was liable for a Native American tribe's response costs. The company argued that CERCLA did not allow the tribe to recover its costs of es...
League of United Latin American Citizens v. New York
The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order. The groups argued that the Agency's need for additional scientific research was not a valid ground for maintaining a tolerance t...
Center for Biological Diversity v. EPA
A district court granted in part but largely denied in part EPA's motion to dismiss a lawsuit filed by environmental groups alleging that EPA failed to consult with federal wildlife agencies before registering over 2,000 pesticide products. The groups argued that EPA violated the ESA by failing to e...