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Conservancy of Southwest Florida v. U.S. Fish & Wildlife Service

The Eleventh Circuit upheld FWS' denial of petitions to designate critical habitat for the Florida panther under the ESA. Environmental groups claimed that the denial of their petitions was arbitrary and capricious under the APA. But neither the ESA nor the regulations cited by the groups provid...

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...

American Alternative Insurance Co. v. Moon Nurseries, Inc.

A district court dismissed an insurance company's CERCLA claim against a tree nursery to recover response costs incurred by firefighters responding to a fire. The fire involved chlorine, a hazardous substance, and the company asserted that its insureds--two fire companies—"removed" and "remediated...

Solutia, Inc. v. McWane, Inc.

The Eleventh Circuit held that parties subject to a consent decree may not file claims for cost recovery under §107(a) of CERCLA and that their remedies are limited to filing claims for contribution under CERCLA §113(f). If a party subject to a consent decree could simply repackage its §113(f...

Turtle Island Restoration Network v. Department of Commerce

The Ninth Circuit upheld a consent decree vacating a portion of a National Marine Fisheries Service (NMFS) regulation increasing the limit on incidental interactions between longline fishing boats and loggerhead turtles and reducing the incidental take limits back to preexisting 2004 levels. The con...