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Energy

United States v. Alcan Aluminum Corp.

The court holds that the retroactive application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to impose liability against a company for response costs incurred at a hazardous waste site in New...

El Paso Natural Gas Co. v. Neztsosie

The Court holds that the tribal exhaustion doctrine does not require a district court to abstain from deciding whether Native Americans' tort claims arising from uranium mining on their reservation constitute public liability actions...

American Rivers v. Federal Energy Regulatory Comm'n

The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2) consultation regarding its ongoing regulatory authority over a...

International Ass'n of Indep. Tanker Owners v. Locke

A judge dissents from the Ninth Circuit's decision not to rehear a case addressing the Oil Pollution Act's (OPA's) preemptive effect on Washington State's oil spill prevention regulations. The initial Ninth Circuit opinion held that the...

Bouchard Transp. Co. v. Updegraff

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution...

International Ass'n of Indep. Tanker Owners v. Locke

The court holds that 15 of Washington State's 16 best achievable protection (BAP) oil spill prevention regulations are not preempted by federal law. The court first holds that the BAP regulations are not preempted by the Oil Pollution...

Waste Control Specialists v. Department of Energy

The court holds that the U.S. Department of Energy (DOE) may require bidders on cleanup work at its Fernald, Ohio, nuclear site to demonstrate their ability to obtain the proper permits and dismisses a waste disposal company's suit...

Mt. Lookout-Mt. Nebo Property Protection Ass'n v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power...

El Paso Natural Gas Co. v. Neztsosie

The court holds that the Price-Anderson Act does not expressly prohibit the Navajo tribal court from determining its jurisdiction over tribal members' personal injury and wrongful death claims arising from uranium mining activities on...

United States v. Pend Oreille County Pub. Util. Dist. No. 1

The court affirms a district court's award of trespass damages to the Kalispel Tribe under the Federal Power Act (FPA) for the flooding of tribal lands by an electric utility's construction and operation of the Box Canyon dam in...