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Articles Posted in CERCLA

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A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT BP PLC, et al. v Mayor and City of Baltimore The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes…

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A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking

Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court denied a motion to lift the stay entered by the Court a…

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A Court-Side Seat: February in the Federal Appellate Courts

It’s been an active month in terms of recent environmental and administrative law cases decided by the federal appellate courts. Flood Control and the Endangered Species Act. On January 17, 2020, in Wildearth Guardians v. US Army Corps of Engineers (ACOE), the U.S. Court of Appeals for the Tenth Circuit…

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DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry

In a decision that will likely be welcomed by the electrical power, chemical manufacturing, and petroleum and coal products manufacturing industries, on July 19, 2019, the U.S. Court of Appeals for the District of Columbia Circuit held in the case of Idaho Conservation League et al., v. Wheeler, that EPA…