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Boeing Co. v. Cascade Corp.

The court holds that when a party is liable for pollution response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), it must share them regardless of whether it is the sole cause of the costs. An airplane manufacturer brought a contribution action agains...

Chlorine Chemistry Council v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) violated Safe Drinking Water Act §1412(b)(3)(A)'s statutory mandate to use the best available evidence when it implemented the chloroform maximum contaminant level goal (MCLG). During rulemaking for the chloroform MCLG, EPA ostensi...

Arizona v. California

The U.S. Supreme Court holds that a Native American tribe's and U.S. claims to additional water rights from the Colorado River are not precluded by a previous Court decision or by a 1983 consent decree entered into by the United States and the tribe. The tribe's and the government's present claims a...

Barstow, City of v. Mojave Water Agency

The court holds that a trial court erred in resolving water right priorities in an overdrafted basin with a "physical solution" that relies on the equitable apportionment doctrine but does not consider the affected owners' legal rights in the basin. Landowners who had overlying water rights in the M...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court reverses a district court decision dismissing on summary judgment a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against prior owners of the property, as well as certain governmental entities, to recover the cost of cleaning up conta...

State v. BNSF Ry. Co.

A district court held that a property owner's Minnesota Environmental Response and Liability Act (MERLA) claims against a former owner are not time barred even though the state agency issued a "decision document" describing the former owner's cleanup of the site as "final" well beyond the statute of...

Citizens for Constitutional Fairness v. Jackson County

The Ninth Circuit held that a 2007 voter-approved initiative that overturned a 2004 initiative giving property owners relief from development restrictions under Oregon land-use laws, or payment for the lost value of their land, did not violate the Contract Clause of the U.S. Constitution. Waivers gr...

Confederated Tribes & Bands of the Yakama Nation v. Department of Agric.

A district court issued a temporary restraining order enjoining the shipment of Hawaiian garbage to a landfill located on lands ceded by the Yakama Nation in Washington State near the Columbia River. There are serious questions as to whether the USDA adequately analyzed the environmental impacts of ...

In re Oil Spill by the Oil Rig "Deepwater Horizon"

The U.S. Judicial Panel on Multistate Litigation consolidated and transferred to the U.S. District Court for the Eastern District of Louisiana 77 lawsuits related to the Deepwater Horizon oil spill in the Gulf of Mexico. The actions indisputably share factual issues concerning the cause (or causes) ...

In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

A district court held that a research institute must turn over documents relating to its methyl tertiary butyl ether (MTBE) study to one of the plaintiffs in a consolidated multidistrict case against several gasoline companies for groundwater contamination stemming from their use of MTBE in gasoline...