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Ninth Circuit Dismisses Youth Climate Change Suit

by Patrick J. Paul On January 17, 2020, a three-judge panel of the Ninth Circuit Court of Appeals in a 2-1, thirty-two page decision, authored by Arizona’s former Vice-Chief Justice Andrew Hurwitz, dismissed a climate change lawsuit brought by 21 plaintiffs aged 8 through 19 against the federal government for violating their right to a […]

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Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896.  In this decision, the Court unequivocally held that under the well-established “Winters doctrine,” federal reserved water rights for an Indian reservation extend to […]

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

by Mark D. Johnson Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.”  Generally, removal actions are interim actions to clean up or remove hazardous materials.  42 U.S.C. § 9601(23).  Remedial actions are efforts to permanently remedy the presence of hazardous materials.  Id. § 9601(23).  A claim […]

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