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Ninth Circuit Determines That George Costanza Was Right!—In Limited Circumstances, Whales And Seals Are Fish (Not Mammals)

Makah Indian Tribe, et al. v. Quileute Indian Tribe et al., 813 F.3d 1157 (9th Cir. 2017). - Defying the universal notion that whales and seals are, in fact, mammals, the Ninth Circuit recently affirmed in part, and...more

Tenth Circuit Takes Expansive View of the Definition of the Term “Mining,” Holding Wind Farm Project Needs Permit Prior to...

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Issues Major Cercla Decision Finding That Arranger Liability Cannot Be Based On Contamination Deposited On A Site By The Wind - Pakootas v. Teck Cominco Metals, No. 15-35228, 2016 U.S. App. LEXIS 13662 (9th...more

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