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December 2009: News from the West
August 2009: U.S. Supreme Court Holds Army Corps’ Dredge and Fill Permit to Discharge Mining Slurry into Lake Trumps EPA Rules Prohibiting Mining Slurry Discharges
January 2008: Refinery Explosion in Texas and Pipeline Leaks in Alaska Lead BP to Pay $50 Million and $12 Million in Criminal Fines for CAA/CWA Violations
October 2007: Center for Biological Diversity Petitions California and Eight Coastal States to Regulate Carbon Dioxide Pollution under the Clean Water Act
July 2007: Ninth Circuit Decides that Permitting Process for Fill Material under the Clean Water Act Must Comply with Performance Standard in Sections 301 and 306 Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, ___F.3d___ 06-35679 (9th Cir. May 22, 2007)
November 2006: News from the West: Clean Water Act Litigation—Federal District Courts Address ‘Navigable Waters’ with Texas’ Intermittent Creeks; ‘Ongoing’ Water Pollution from Mining in Alaska; and Collateral Estoppel Principles in Mining Pollution Case in Colorado U.S.A. v. Chevron Pipeline Co., 437 F. Supp.2d 605 (N.D. Tex. 2006); Adams v. Teck Cominco Alaska, Inc., ___F.Supp.2d___ 3:04-CV-00049-JWS (D. Alaska July 28, 2006)
March 2004: U.S. Supreme Court Upholds the Ability of the Environmental Protection Agency to Reject a State’s Permitting Decision as Unreasonable under the Clean Air Act Alaska Department of Environmental Conservation v. U.S. Environmental Protection Agency 540 U.S. ___, Case No. 02-658 (Jan. 21, 2004).
March 2004: Ninth Circuit Holds that Insurer of Underground Storage Tanks Cannot Rescind Policy Retroactively for Misrepresentations Zurich American Insurance Company v. Whittier Properties, Inc. ___F.3d___, Case No. 02-36101 (9th Cir. Jan. 29, 2004)
December 2002: Ninth Circuit Holds Third Party Assertion of Property Interest on Behalf of United States Is Sufficient to Satisfy Jurisdictional Requirement under Federal Quiet Title Act Lesnoi Inc. v. United States ___F.3d___, Case No. 00-35746 (9th Cir. Sept. 24, 2001).
April 2001: Ninth Circuit Approves Exxon's Recovery of Portion of Punitive Award through Assignment Clause in Settlements Exxon Valdez (Baker v. Exxon Corp.) ___F.3d___, No. 99-35898 (9th Cir. Feb. 8, 2001)
Anchorage
May 2005: Alaska Supreme Court Finds Statute Broadens the Scope of Arranger Liability for Hazardous Waste Disposal Berg v. Popham S-10815, 5879 (Alaska March 18, 2005)
November 2002: Court of Appeals: Ninth Circuit Certifies Questions Regarding Scope of Arranger Liability under State Law for Alaska Supreme Court Berg v. Popham, ___F.3d___ Case No. 01-35807 (9th Cir. Oct. 4, 2002)
Beaufort Sea
January 2009: Shell’s Plans for Oil Exploration Off the Artic National Wildlife Refuge Temporarily Thwarted By Adverse Ninth Circuit Decision Alaska Wilderness League, et al. v. Kempthorne, et al., ___F.3d___ 07-71457, 07-71989, 07-72183, DOI No. 2007-152 (9th Cir. Nov. 20, 2008)
December 2001: Ninth Circuit Upholds Environmental Impact Statement for Gas and Oil Drilling Project Off the North Coast of Alaska Edwardsen v. United States Department of the Interior ___F.3d___, Case No. 99-71397 (9th Cir. Sept. 26, 2001).
Fairbanks
July 2009: City of Fairbanks Seeks Supreme Court Review of Ninth Circuit’s Decision Regarding the ‘Finality’ of Clean Water Act Jurisdictional Determinations
October 2008: Ninth Circuit Rules Approved Wetlands Jurisdictional Determination by Corps Not Final Agency Action under APA and Not Reviewable Fairbanks North Star Borough v. U.S. Army Corps of Engineers, et al., ___F.3d___ 07-35545 (9th Cir. Sept. 12, 2008)
Kenai Refuge
March 2004: Ninth Circuit Overturns Fish and Wildlife Service’s Decision to Grant Special Use Permit for Salmon Enhancement Project as a Prohibited Commercial Enterprise under the Wilderness Act The Wilderness Society, et al. v. U.S. Fish and Wildlife Service ___ F.3d ___, Case No. 01-35266 (9th Cir. Dec. 30, 2003).
Kivalina Village
December 2009: Kivalina Village Global Warming Litigation against Energy Companies Dismissed on Political Question Grounds Native Village of Kivalina, Alaska v. ExxonMobil Corp., et al., ___F.Supp.___ c-08-1138 (N.D. Cal. 2009)
Lower Slate Lake
August 2009: The U.S. Supreme Court Upholds a Corps Issued Clean Water Act 404 Permit in Lieu of a 402 Discharge Permit for Gold Mine Slurry Wastewater
Nome
February 2008: Ninth Circuit Upholds Army Corps Dredge and Fill Permit for Mining Project despite Large-Scale Wetlands Fill Resulting from Project Bering Strait Citizens for Responsible Resource Development v. U.S. Army Corps of Engineers, ___F.3d___ 07-35506 (9th Cir. Jan. 3, 2007)
Prince William Sound
August 2008: U.S. Supreme Court Holds Punitive Damages Awarded Against Exxon Excessive as a Matter of Maritime Common Law Exxon Shipping Company v. Baker, ___U.S.___ 07-219, (U.S. June 25, 2008)
April 2008: U.S. Supreme Court Hears Arguments in Exxon Valdez Oil Spill Case—Decision Expected to Impact Punitive Damages in Environmental Cases Exxon Shipping Company et al. v. Baker et al. 07-219, U.S. Supreme Court, Feb. 27, 2008
February 2007: Ninth Circuit Reduces the Ratio of Punitive Damages to Actual Economic Harm in the Toxic-Tort Arena In re: The Exxon Valdez v. Exxon Mobile Corp, ___F.3d___ 04-35182, 04-35183 (9th Cir. Dec. 22, 2006)
January 2003: Ninth Circuit Rejects Claim that Statute Excluding Exxon Valdez Tanker from Prince William Sound Unconstitutional SeaRiver Maritime v. Mineta, 309 F.3d 662 (9th Cir. Oct. 31, 2002).
Janurary 2002: Ninth Circuit Reverses $5 Billion Punitive Damages Verdict Arising from Exxon Valdez Oil Spill In Re: The Exxon Valdez, ___F.3d___, Case No. 97-35191 (9th Cir. Nov. 7, 2001).
Prudhoe Bay
May 2010: Ninth Circuit Finds a Petitioner’s Burden to ‘Demonstrate’ a Permit for Pollutant-Emitting Activities Violates Title V of the Clean Air Act MacClarence v. U.S. Environmental Protection Agency, ___F.3d___ 07-72756 (9th Cir. March 4, 2010)
Tongass National Forest
May 2007: Ninth Circuit Announces Intention to Hold Permitting Process for Dredged or Fill Material Must Comply with Performance Standard of the Clean Water Act Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, ___F.3d___ 06-35679 (9th Cir. March 16, 2007)
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