2622 research outputs found
Sort by
PREVIEW—Park County Environmental Council v. Montana Department of Environmental Quality: A Test of Montana’s Right to a Clean and Healthful Environment
Full text linkThe Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm
ASARCO LLC v. Atlantic Richfield Co., LLC
Full text linkIn 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for 111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible for contribution. The Ninth Circuit remanded the case back to the district court to determine actual incurred costs. However, the Ninth Circuit did uphold the district court’s decision to allocate 25 percent of the response costs to Atlantic Richfield. Moving forward, this case will provide a useful roadmap for companies to determine what CERCLA expenses are incurred and what costs can be recovered under contribution claims
PREVIEW; \u3cem\u3e The Dog Told Him to Do It \u3c/em\u3e: Kahler v. Kansas, \u3cem\u3eAnd the Constitutionality of the Insanity Defense\u3c/em\u3e
Full text linkPREVIEW—United States Forest Service v. Cowpasture River Preservation Association: Can the Pipeline Cross the Trail?
Full text linkThe Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents
