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Did the Supreme Court's 2009 BNSF decision change CERCLA cost-recovery practice?
  • Epstein Becker Green
  • USA
  • November 27 2012

The U.S. Supreme Court’s decision in Burlington Northern Santa Fe Railway Co. v. United States, 129 S. Ct. 1870 (2009), examined two unsettled areas of CERCLA: (1) the proof necessary to establish whether a PRP has “arranged for the disposal or treatment of hazardous substances”; and (2) CERCLA apportionment, i.e., whether a PRP is jointly and severally liable for an entire site, or rather only severally liable for a portion of the site

Recovery plan not binding on delisting decisions
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 17 2012

On August 17, 2012, the DC Circuit Court overturned a district court ruling that the Fish and Wildlife Service violated the Endangered Species Act (16 U.S.C. 1531 et seq.) by delisting the West Virginia Northern Flying Squirrel when several criteria in the squirrel's recovery plan remained unfulfilled

Beaumont Court of Appeals holds plaintiff can bring claim for subsurface trespass from migration of injectate
  • Baker Botts LLP
  • USA
  • September 13 2012

Late yesterday, the Beaumont Court of Appeals issued an opinion on remand in FPL v. Environmental Processing Systems

Department of Water Resources must file condemnation case before undertaking geological and environmental testing on private property
  • Perkins Coie LLP
  • USA
  • May 5 2014

In Property Reserve, Inc. v. Super. Ct. Of San Joaquin County, the Third District Court of Appeal ruled that if the State intends to acquire an

United States Supreme Court upholds Cross-State Air Pollution Rule and continues to afford EPA substantial discretion to implement Clean Air Act
  • Winston & Strawn LLP
  • USA
  • May 7 2014

On April 29, 2014, the United States Supreme Court upheld EPA's Cross-State Air Pollution Rule (CSAPR) in the EPA v. EME Homer City Generation, L.P

Federal court rejects attempt to amend $700 million cleanup remedy in Wisconsin
  • Stinson Leonard Street LLP
  • USA
  • November 29 2012

On November 21, 2012, a federal court in Wisconsin refused to allow a group of defendants to force the EPA to formally amend a cleanup remedy issued under the federal Superfund law to allow for a $269 million cost increase

Fox River PCB cleanup allowed to proceed
  • Jenner & Block
  • USA
  • November 27 2012

On November 21, 2012, a federal district court in Wisconsin rejected PRP efforts to seek modification of the remedial plan established by U.S. EPA and the State of Wisconsin to address PCB-contaminated sediments in the Fox River

Court: ‘preliminary showing’ of spoliation required before discovery of documentary preservation efforts permitted
  • Jackson Lewis PC
  • USA
  • October 23 2013

In Little Hocking Water Ass'n v. E.I. DuPont DeNemours & Co., 2013 U.S. Dist. LEXIS 134869 (S.D. Ohio Sept. 20, 2013), a federal district court

Supreme Court lets GHG endangerment finding stand
  • McGuireWoods LLP
  • USA
  • October 21 2013

On Monday, October 14th the U.S. Supreme Court denied several petitions for certiorari challenging EPA's 2009 finding that greenhouse gas emissions

Supreme Court decides EPA v. EME Homer City Generation, L.P.
  • Faegre Baker Daniels
  • USA
  • April 29 2014

On April 29, 2014, the Supreme Court decided EPA v. EME Homer City Generation, L.P., No. 12-1182, holding that the Clean Air Act (CAA) does not