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Articles 1 - 5 of 5
Full-Text Articles in Law
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
United States V. Gila Valley Irrigation District, Ryan L. Hickey
United States V. Gila Valley Irrigation District, Ryan L. Hickey
Public Land & Resources Law Review
Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.
National Wildlife Federation V. National Marine Fisheries Service, Jacob R. Schwaller
National Wildlife Federation V. National Marine Fisheries Service, Jacob R. Schwaller
Public Land & Resources Law Review
The tide in the legal battle surrounding anadromous fish protections in the Columbia River watershed most recently swung in favor of the fish. In the latest iteration of National Wildlife Federation v. National Marine Fisheries Service, the Court found in a lengthy opinion that NOAA fisheries acted arbitrarily and capriciously when it issued its 2014 BiOp concluding that the FCRPS did not violate the ESA. The Court also ruled that the Corps violated NEPA by failing to prepare an environmental impact statement in connection with their records of decision implementing reasonable and prudent alternatives in the BiOp. This decision could …
Kain V. Department Of Environmental Protection, Sarah M. Danno
Kain V. Department Of Environmental Protection, Sarah M. Danno
Public Land & Resources Law Review
Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.