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Contracts

Conservation Northwest v. Sherman

The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. The consent decree...

Westlands Water District v. United States

The Court of Federal Claims dismissed a water district's breach of contract claims against the United States for failing to provide water drainage facilities and services. The district argued that the contracts it entered into with the...

Shell Oil Co. v. United States

The Court of Federal Claims held that the U.S. government need not reimburse oil companies for costs they incurred cleaning up contamination stemming from the production of aviation fuel during World War II. During the 1940s, at the...

Consolidated Edison Co. of New York v. Entergy Nuclear Indian Point 2, LLC

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of...

United States v. Exxon Corp.

A district court denied an oil company's motion to enforce a 1991 consent decree entered into in response to the Exxon Valdez oil spill in Prince William Sound, Alaska. The decree expressly released the company from cleanup...

Bergmann v. Michigan State Transportation Comm'n,

The Sixth Circuit vacated and remanded a lower court decision partially granting a landowner's motion to enforce a decades-old consent decree requiring Michigan's transportation department to remediate certain property by March 31, 1995...

Exxon Mobil Corp. v. United States

The Court of Federal Claims held that the U.S. government is liable for costs an oil company incurred cleaning up contamination stemming from the production of aviation gasoline at its Baytown, Texas, and Baton Rouge, Louisiana,...

Eagle Pipe & Supply, Inc. v. Amerada Hess Corp.

The Supreme Court of Louisiana held that a property owner who discovered radioactive contamination on his land after he purchased it may not file suit against oil and trucking companies allegedly responsible for that contamination....

Boston Edison Co. v. United States

The Federal Circuit affirmed in part and reversed in part a lower court decision granting the buyer and seller of an energy company damages for the U.S. government's ongoing breach of its contractual obligation to collect and dispose of...

Wilder Corp. of Delaware v. Thompson Drainage & Levee District

The Seventh Circuit held that a landowner who sold a large parcel of floodplain property to a conservation group may not ask a local drainage district to indemnify him for damages he incurred in an underlying breach of warranty suit...