» Environmental Litigation

Oregon District Court holds that NEPA requires further analysis of cumulative impacts in use of herbicides for controlling invasive species under Forest Service management plan.

August 23rd, 2012
In League of Wilderness Defenders/Blue Mountains Biodiversity Project v. United States Forest Service, No. 3:10-CV-01397-SI (D. Ore. Jun. 29, 2012)[link to PDF available here], the District Court for the District of Oregon – Portland Division consi… Read More
Categories: Administrative Law, Environmental Litigation, NEPA

ELG wins Summary Judgment for CNA in Asarco’s $33M CERCLA Contribution Claim Suit

June 29th, 2012
On June 6, 2012, U.S. District Judge William Alsup granted summary judgment to ELG client CNA Holdings, LLC (“CNA”) in a CERCLA § 113(f) contribution suit brought against it by Asarco LLC. COURT ORDER Asarco filed the suit in 2011 against CNA, a… Read More
Categories: CERCLA, Environmental Legislation and Regulation, Environmental Litigation
Tags: John Edgcomb

Supreme Court Gives Landowners Right to Pre-Compliance Judicial Review of Clean Water Act Orders Issued by US EPA in Sackett v. EPA

March 27th, 2012
In a highly anticipated decision, the United States Supreme Court has ruled unanimously that the Clean Water Act (CWA) allows parties to seek and obtain judicial review of administrative compliance orders issued by US EPA under its authority. The Cou… Read More
Categories: CERCLA, Environmental Litigation
Tags: Ladd Cahoon

Ninth Circuit Holds That Dry Cleaning Equipment Manufacturer Is Not Liable as an Arranger under CERCLA or on State Law Nuisance and Trespass Claims

August 11th, 2011
In Team Enterprises, LLC v. Western Investment Real Estate Trust, No. 10-16916, 2011 U.S. App. LEXIS 15383 (9th Cir., Cal. July 26, 2011), the Ninth Circuit held that the manufacturer of a machine used in the dry cleaning process may not be held liab… Read More
Categories: CERCLA, Environmental Litigation
Tags: Michael Einhorn

District Court In Alabama Dismisses CWA Citizen Suit Claims Where 60-Day Notice Letter Fails To Identify Correct Date Of Alleged Violation Washington Supreme Court Holds Investigation Costs Qualify As Remedial Costs Even When No Cleanup Is Required, But Prevailing Party Status Determination Was Premature District Court In California Denies Defendant’s Motion To Dismiss CWA Citizen Suit, Finding 60-Day Notice Letter Sufficient And Claims Adequately Alleged

August 11th, 2011
The California Fourth District Court of Appeal, in Citizens for a Responsible Equitable Environmental Development v. City of Chula Vista (June 10, 2011), remanded a lawsuit challenging the City of Chula Vista’s (“City”) decision to approve the… Read More
Categories: CEQA, Environmental Litigation
Tags: Mary E. Wilke

United States Supreme Court Holds that the Clean Air Act Displaces Federal Common Law Public Nuisance Law and Prohibits Nuisance Claims Against Carbon-Dioxide Emitters

June 30th, 2011
On June 20, 2011, the United States Supreme Court held in an 8-0 decision that the Clean Air Act (Act) 42 U.S.C. §7401 et seq., and the Environmental Protection Agency action it authorizes, displace federal common law public nuisance claims against… Read More
Categories: Clean Air, Emerging Issues, Environmental Litigation

Supreme Court Denies GE’s Petition on Suit Challenging Constitutionality of EPA’s Unilateral Administrative Order Authority

June 17th, 2011
On June 6, 2011, the Supreme Court denied a petition for certiorari by General Electric (GE) to hear the appeal of General Electric v. Jackson, a lengthy case in which GE had unsuccessfully challenged the constitutionality of the Comprehensive Enviro… Read More
Categories: CERCLA, Environmental Litigation
Tags: Michael Einhorn

10th Circuit Holds That EPA May Change Tentative Interpretation of Regulation without Following Procedural Requirements of the Administrative Procedure Act

November 30th, 2010
In United States v. U.S. Magnesium, No. 08-4185, the 10th Circuit United States Court of Appeals addressed whether failure to comply with the notice and comment procedures of the Administrative Procedure Act (“APA”) precluded the United States En… Read More
Categories: Environmental Legislation and Regulation, Environmental Litigation

Ninth Circuit Grants Non-Settling PRPS a Right to Intervene to Protect Interests in Contribution and in the Fairness of Proposed Consent Decree

September 24th, 2010
In United States, et al. v. Aerojet General Corp, et al. (606 F.3d 1142; 2010 U.S. App. LEXIS 11131), the United States Court of Appeals for the Ninth Circuit held that non-settling Potentially Responsible Parties (“PRPs”)(referred to by the cour… Read More
Categories: CERCLA, Environmental Litigation

Ninth Circuit Holds That Under CERCLA, Declaratory Relief Is Not Available If Past Costs Are Not Established Under Section 107

September 16th, 2010
In City of Colton v. American Promotional Events Inc.-West, et al., No. 06-56718 (9th Cir. Aug. 2, 2010), the Ninth Circuit considered the issue of whether a CERCLA plaintiff’s failure to establish liability for its past costs precludes its bid to… Read More
Categories: CERCLA, Environmental Litigation
Tags: Michael Einhorn
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