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National Mining Ass'n v. Kempthorne

The D.C. Circuit upheld the U.S. Department of the Interior's (DOI's) interpretation of "valid existing rights" in a 1999 rule to foreclose surface mining operations in sensitive areas. A mining association argued that Congress inserted "valid existing rights" in the Surface Mining Control and Recla...

Cuba Soiil & Water Conservation Dist. v. Lewis

The Tenth Circuit held that the Federal Mineral Leasing Act (FMLA) does not provide political subdivisions of a state an implied cause of action to challenge the state's allocation of federal mineral royalties received under the Act. FMLA §191 directs the federal government to return 50% of fed...

New York v. Almy Bros., Inc.

The court grants in part and denies in part a Fed. R. Civ. P. rule 12(f) motion to strike certain affirmative defenses of a third-party defendant brought by a responsible party who was held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court fir...

National Audubon Soc'y v. Hoffman

The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management Act (NFMA). The court first holds that neither the district cour...

New York v. Solvent Chem. Co.

The court holds that future Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution actions by settling private defendants against private nonsettlors at a New York Superfund site will be governed by the Uniform Comparative Fault Act (UCFA) and CERCLA §113(f)(1),...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing competent proof that three of the defendant target corporations dispo...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery actions are not available to potentially responsible parties (PRPs) and that divisibility of harm is not a defense to §113 contribution claims. The court first holds that CERCLA d...

United States v. Bestfoods

The U.S. Supreme Court holds that a parent corporation that actively participated in, and exercised control over, the operations of a subsidiary may not be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an operator of a polluting facility owne...

Pneumo Abex Corp. v. High Point, Thomasville & Denton R.R.

The court holds that railroad companies that sold used wheel bearings to a railroad parts foundry for conversion to new wheel bearings are not liable as arrangers under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court first holds that the railroad compa...

Truck Components Inc. v. Beatrice Co.

The court holds that a Wisconsin ironworks company cannot sue its former parent corporation for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs resulting from actions the ironworks company took when it was a subsidiary of the corporation. When the parent ...