News & Analysis as of

Statutory Interpretation Natural Resources Environmental Litigation

Lowenstein Sandler LLP

9th Circuit Expands Scope of Recoverable Natural Resource Damages Under CERCLA

On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more

Schwabe, Williamson & Wyatt PC

Court Ruling Protects Rural Alaska Subsistence Fishing on Federal Lands and Waters

On August 20, 2025, in United States v. Alaska No. 24‑2251, the Ninth Circuit affirmed the federal government’s authority to create a rural subsistence fishing priority in navigable waters on federal lands under Title VIII of...more

Saul Ewing LLP

Ninth Circuit Harmonizes Available CERCLA Natural Resource Damages with D.C. Circuit

Saul Ewing LLP on

Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more

Nossaman LLP

Federal Court Overturns Fish & Wildlife Service Decision to Delist Gray Wolf in the West

Nossaman LLP on

On August 5, the United States District Court for the District of Montana issued an order overturning a determination made by the U.S. Fish and Wildlife Service (Service) during the Biden Administration that listing the gray...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

McGinnis Lochridge on

In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

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