Asarco, LLC v. Atlantic Richfield Co.
The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...
Bohmker v. Oregon
A district court dismissed a lawsuit brought by individual miners and various mining groups, associations, and businesses challenging an Oregon law that temporarily bans instream motorized mining to protect water quality and fish habitat. The law, with some exceptions, temporarily prohibits instream...
Montana Environmental Information Center v. Montana Department of Environmental Quality
A Montana court vacated and remanded a water discharge permit that the state's environmental agency issued to a coal mine in southeastern Montana. The agency's decisions are arbitrary and not supported by the law, and when viewed in its totality, the record demonstrates clear errors of judgment with...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court granted an oil company's motion to dismiss claims filed against it for economic losses stemming from the government's moratorium on offshore drilling in the aftermath of the Deepwater Horizon disaster. The oil company is a responsible party under OPA, and the plaintiffs—oilfield s...
Ark Initiative v. Tidwell
The D.C. Circuit upheld the U.S. Forest Service's decision to exclude approximately 8,300 acres of federal land that fall within recreational ski boundaries from the Colorado roadless rule. The Service issued the rule in 2012, adopting state-specific standards for the designation and management of t...