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Tag: Ninth Circuit

Ninth Circuit Favors Salmon in California Water Battle

Mon Apr 17th, On Environmental Law, by

A unanimous three-judge Ninth Circuit panel ruled that the Department of Interior (“DOI”) and the Bureau of Reclamation (“Bureau”) had both the right and the obligation to release water to preserve a Native American fishing ground and prevent salmon die-off downstream.  Central to this case is the balancing act between Congressional goals to maintain and protect fisheries (environmental objectives) and the state-wide need for water (commercial objectives).  Two congressional acts, […]

Ninth Circuit Rules No Incidental Take For Endangered Plants Under ESA

Tue Aug 30th, On Environmental Law, by

On August 15, 2016, the Ninth Circuit ruled that ESA does not require an Incidental Take Statement for endangered plants. In Center for Biological Diversity, et al., v. Bureau of Land Management, the Bureau of Land Management was challenged for failing to include a Biological Opinion with an “Incidental Take Statement” for a “threatened species” under the Endangered Species Act, a plant known as the Peirson’s milkvetc, in BLM’s analysis […]

Insured PRPs Watching Closely As Ninth Circuit Considers Whether EPA 104(e) Request is a “Suit” Triggering Duty to Defend

Wed May 11th, On Environmental Law, by

On Monday, May 2, 2016, Liberty Mutual Insurance Co. and U.S. Fidelity & Guaranty Co. urged the Ninth Circuit to certify to the Oregon Supreme Court the question of whether a CERCLA Section 104(e) information request issued by the U.S. Environmental Protection Agency to Ash Grove Cement Company triggered a duty to defend under a general liability insurance policy. The insurers said they should not be required to cover the […]

Supreme Court to Resolve Circuit Split on Clean Water Act Issue with Important Implications for Landowners and Developers

Wed Jan 20th, On Environmental Law, by

The Supreme Court has agreed to address a split among U.S. Courts of Appeal regarding whether “jurisdictional determinations” by the U.S. Army Corps of Engineers under the Clean Water Act (“CWA”) are final agency actions subject to judicial review. The Supreme Court’s resolution of this issue will have important implications for landowners, developers, and regulators who may be given the opportunity to obtain more definitive answers from the courts on […]

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