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U.S. District Court Addresses the Issue of CERCLA Defendants that are ‘Dead and Buried’ Corporations, Liability as ‘Persons’ and the Importance of Discovery


Plaintiffs, Garrett Day LLC and the Ohio Development Services Agency, spent some $1.7 million cleaning hazardous substances released from a century-old paper mill in Dayton,

Read More2018-01-09

New Jersey Spill Compensation and Control Act Burdens Clarified by the U.S. District Court


The State of New Jersey is involved in a major lawsuit seeking natural resource damages from large petroleum and chemical companies on account of Methyl

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Montana Supreme Court Affirms Water Court’s Apportionment of Disputed Irrigation Rights


On November 14, 2017, the Montana Supreme Court affirmed the Water Court’s order settling a title dispute over four irrigation water rights between two neighboring

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Justice Kennedy’s Opinion In Rapanos Still Controls Questions of Clean Water Act Jurisdiction Within the Ninth Circuit


The Ninth Circuit Court of Appeals, on November 27, has re-established that Justice Kennedy’s concurring opinion in Rapanos still controls Clean Water Act jurisdiction over

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How Department of the Interior Modification of Gold Butte National Monument In Nevada Implicates Water Rights


Raging across headline news wires during the month of December 2017 are reports about the federal government’s review of existing national monuments, with Department of

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U.S. Secretary Of The Interior Formally Executes Pechanga Water Rights Settlement Agreement


On November 29, 2017, U.S. Secretary of the Interior Ryan Zinke and Mark Macarro, Chairman of the Pechanga Band of Luiseño Mission Indians (Tribe) formally

Read More2018-01-09
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