News & Analysis as of

Water Pollution Tribal Lands

Lippes Mathias LLP

EPA Withdraws Proposed Rule to Implement Federal Water Quality Standards on Tribal Lands

Lippes Mathias LLP on

On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

Allen Matkins

California Environmental Law & Policy Update - 5.05.23 #1

Allen Matkins on

The U.S. Supreme Court said Monday that it will take up a dispute between the Biden administration and commercial fishing companies that presents the Court with a chance to overrule its decision in Chevron v. National...more

Allen Matkins

California Environmental Law & Policy Update - June 2020 #4

Allen Matkins on

Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more

Beveridge & Diamond PC

Ninth Circuit Creates New Challenge for Divisibility in Complex CERCLA Sites

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The Ninth Circuit Court of Appeals in Pakootas v. Teck Cominco Metals, Ltd., affirmed the Eastern District of Washington’s decision to find Teck liable for more than $8.25 million in damages to the Colville Confederated...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Morgan Lewis

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Farella Braun + Martel LLP

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

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