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Defense Base Closure and Realignment Commission
June 2005: District Court Dismisses Insurers Claims against Federal Government on Lack of Subject Matter Jurisdiction American Int’l Specialty Lines Insurance Co. v. U.S., ___F.Supp.2d___ C 04-01591 (N.D. Cal. March 24, 2005)
Department of Defense
March 2004: District Court of New Jersey Denies Contribution Rights under CERCLA Absent CERCLA Enforcement Action. E.I.DuPont De Nemours and Co., et al. v. United State, ___F.Supp.2d___, Case No. 97-497 (WJM), (D. N.J. Dec. 2003).
July 2003: Santa Ana Regional Water Quality Control Board Investigates Use of Perchlorate at Former General Dynamics Facility in Rialto
June 2003: Ninth Circuit Upholds Denial of Attorney's Fees Award in RCRA Case, Finding that Catalyst Theory of Recovery Inufficient in Face of Supreme Court Decision Kasza v. Whitman/Frost v. Rumsfeld ___F.3d___, Case Nos. 00-16378, 00-16379 (9th Cir. April 14, 2003).
May 2003: Court of Appeals: Tenth Circuit Applies the "Wholly Past" Doctrine to the Resource Conservation and Recovery Act Chemical Weapons Working Group, Inc., et al. v. Sierra Club, et al. ___F.3d___, Case No. 00-4110 (10th Cir. March 18, 2003).
January 2003: Claims Court: Federal Claims Court Renders Indemnification Clause in War-Time Contract Invalid E.I. DuPont De Nemours and Company, Inc. v. United States of America, Case No. 99-101 C (U.S. Court of Fed. Claims Nov. 13, 2002).
May 2002: Eleventh Circuit Affirms Dismissal of FTCA Claim for Damages Related to Soil and Groundwater Contamination OSI, Inc. v. United States ___F.3d___, Case No. 01-13032 (11th Cir. March 12, 2002).
May 2001: Birdwatcher Group has Standing to Challenge the Adequacy of the Navys Environmental Impact Statement Under NEPA, but not Standing to Bring State Law Claims in Federal Court Cantrell et.al. v. City of Long Beach and California State Lands Commission, ___F.3d___, Case No. 98-56940; CV-98-04835 (9th Cir. Feb. 5, 2001).
Emerging Contaminants
August 2004: Emerging Contaminants—Part 1
Land Transfers
December 2007: Seventh Circuit Rules CERCLA Section 113(H) Prohibits Citizen Suits Challenging Transfers of Federally Owned Superfund Property Pollack v. U.S. Dept. of Defense, ___F.3d___ 07-1104 (7th Cir. Oct. 18, 2007)
Office of Net Assessments
April 2004: Controversial Pentagon Study Warns Global Warming Threatens World’s Water Supply
Resource Conservation and Recovery Act
August 2008: Department of Defense Refuses to Sign Three EPA RCRA Final Orders for Superfund Sites or Sign Interagency Agreements for Eight Other Superfund Sites
U.S. Army
June 2007: District Court Finds a Party May Depose Opposing Counsel in a CERCLA Contribution Action where Counsel Drafted the Response to EPA Request Raytheon Aircraft Co. v. U.S., ___F.Supp.2d___ 05-2328 (D. Kan. April 13, 2007)
December 2006: Ninth Circuit Finds Army Violated NEPA by Not Considering Reasonable Alternatives to Transformation of Combat Teams in Hawaii “Ilio” Ulaokalani Coalition v. Rumsfeld 464 F.3d 1083 (9th Cir. Oct. 5, 2006)
October 2005: Environmental Enforcement: California and Other States Grapple with Land Use Covenants on Federal Property
March 2005: District of Columbia Circuit Rejects Environmental Tort Claims Regarding World War II Munitions Testing under Discretionary Function Exception Loughlin, et al. v. United States, et al., ___F.3d___ 03-5284 (D.C. Cir. Dec. 21, 2004)
October 2003: Tenth Circuit Holds Statute of Limitations Bars Claim against Government for Pollution Resulting from World War II Weapons Testing Cannon v. United States of America ___F.3d___, Case No. 02-4059/4066 (10th Cir. Aug. 11, 2003).
January 2003: Tenth Circuit Finds Cleanup Action Brought against the U.S. under the Federal Tort Claims Act Is TimeBarred Plaza Speedway, Inc. v. United States ___F.3d___, Case No. 013186 (10th Cir. Nov. 27, 2002).
U.S. Navy
January 2009: Supreme Court Finds Balancing of Equities and Consideration of Overall Public Interest Justified Dismissing Injunction Banning the Navy’s Use of MFA Sonar Natural Resource Defense Council, Inc. v. Winter, ___U.S.___ 07-1239, (U.S. Nov. 12, 2008)
November 2008: Ninth Circuit Holds District Court Abused Its Discretion in Awarding NRDC All of Its Attorneys’ Fees in Navy Sonar Lawsuit Natural Resources Defense Council, Inc. v. Winter, ___F.3d___ 07-55294 (9th Cir. Sept. 16, 2008)
May 2008: Federal Waters, Navy Noise and the Reach of National Security
January 2007: California Court of Appeal Determines that Best Management Practices May Be Used Instead of Numerical Limits for Storm Water Discharges Divers’ Environmental Conservation Organization v. State Water Resources Control Board, ___Cal. App.4th___ DO46112 (4th Dist. Nov. 28, 2006)
December 2004: Ninth Circuit Rules Whales Do Not Have Standing to Sue under the Federal Endangered Species Act Cetacean Community v. Bush, ___F.3d___ 03-15866 (9th Cir. Oct. 20, 2004)
October 2004: Federal Circuit Allows CERCLA Recovery from U.S. Military under War Contract Ford Motor Co. v. United States, ___ F.3d ___ 03-5092 (D.C. Cir. Aug. 10, 2004)
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