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 vacated and remanded FWS' biological opinion for a pipeline project involving the construction, operation, and maintenance of a 678-mile, 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon. The right-of-way for the pipeline encompasses approximately 2,291 acres ...