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Full-Text Articles in Law
Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co., Katelyn J. Hepburn
Anderson Brothers, Inc. V. St. Paul Fire And Marine Insurance Co., Katelyn J. Hepburn
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit considered whether a letter from the EPA notifying a party of potential liability under CERCLA is a “suit,” triggering an insurance company’s duty to defend. Applying Oregon contract law, the Ninth Circuit affirmed the decision of the United States District Court for the District of Oregon, stating that the letters from the EPA were “functional equivalents” to a suit under the insured’s policy and the insurer’s denial to defend was a breach of the policy.
Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff
Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff
Public Land & Resources Law Review
In this case, the Ninth Circuit deferred to the EPA’s interpretation of a statute concerning whether increment requirements were applicable to a temporary source pollutant. The court held that Shell Offshore, Inc. was not required to analyze the potential impact of an offshore drill barge, the Kulluk, under the Clean Air Act. Additionally, the plaintiffs’ challenge concerning the Kulluk's impact on ambient air was defeated pursuant to Resisting Environmental Destruction on Indigenous Lands, REDOIL v. EPA.
City Of Livingston V. Park Conservation District, Graham Coppes
City Of Livingston V. Park Conservation District, Graham Coppes
Public Land & Resources Law Review
On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a lesser degree, the …
Conservation Congress V. U.S. Forest Service, Katelyn J. Hepburn
Conservation Congress V. U.S. Forest Service, Katelyn J. Hepburn
Public Land & Resources Law Review
This case involves challenges to the adequacy of the United States Forest Service’s biological assessment authorizing a timber sale in the Shasta-Trinity National Forest of Northern California. The plaintiff requested an injunction under the Endangered Species Act (“ESA”) alleging that the Forest Service failed to adequately evaluate the effects the timber sale could have on the northern spotted owl’s critical habitat. The Ninth Circuit affirmed the District Court for the Eastern District of California, finding that the Forest Service’s actions did not violate the ESA and that the ESA imposes a lesser requirement than the National Environmental Policy Act (“NEPA”) …