News & Analysis as of

Summary Judgment Groundwater

Mitchell, Williams, Selig, Gates & Woodyard,...

Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

Downey Brand LLP

Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

Downey Brand LLP on

In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sale of Commercial Property: New Jersey Appellate Court Addresses Whether Remediation Contractor Owed Duty to Subsequent Property...

The Superior Court of New Jersey, Appellate Division (“Court”) addressed in a January 12th Opinion an issue relating to the environmental remediation of a commercial property. See Sunway Equity, LLC v. Suburban Propane, LP,...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

Downey Brand LLP on

The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Snell & Wilmer

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

Snell & Wilmer on

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the...more

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