The Ninth Circuit affirmed a lower court’s grant of summary judgment in favor of an insurance company in an action under CERCLA and the California Hazardous Substance Account Act to recover response costs and other damages related to the cleanup of contamination. Appellants, who had inherited ...

A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused her to develop non-Hodgkin’s lymphoma. Plaintiff, who had ...

The Tenth Circuit affirmed a lower court’s denial of environmental groups’ motion to intervene in a county action against the United States to quiet title to several purported rights of way across federal public lands. In considering intervention as of right, the court held that, even if...

The Ninth Circuit affirmed a corporate officer’s conviction under RCRA relating to the illegal storage of hazardous waste. The officer argued that the United States could charge and obtain a conviction against the corporation or him, but not both. The court disagreed. Both the corporation and ...

A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused her to develop non-Hodgkin’s lymphoma. Plaintiff, who had ...

The Ninth Circuit reversed a lower court’s grant of summary judgment to hold that the Forest Service’s approval of a project to update grazing allotments in the Beaverhead-Deerlodge National Forest did not comply with the National Forest Management Act (NFMA) and NEPA. Under the forest p...

Applying state law, the Seventh Circuit reversed a lower court decision to hold that a sewerage district was not entitled to reformation of an environmental liability insurance policy to include a certain parcel of real property. Based on all of the evidence in the record, the lower court’s fi...

The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...

The Maine Supreme Court upheld the Board of Environmental Protection's decision to affirm the issuance of permits to a company to construct a wind energy generation facility. A citizen group challenged the Board’s findings on the grounds that the company did not meet applicable licensing crite...

The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...