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Thierry Raymond Montoya

Thierry Montoya’s Legal Guides

39 total

  • Carrier Obligated to Defend a Remediation Contractor Based on Time on Risk Must Also Indemnify

    Arrowood appealed from a final judgment following a bench trial on stipulated facts and evidence. Arrowood issued a Commercial General Liability ("CGL") policy to Five Star, a general contractor working on a remediation project, effective July 1, 2002 to July 1, 2003. Travelers i...

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  • State Was A Clean Water Act "Operator" Of Reclaimed Surface Mining Cites, Subject To NPDES Requirements

    The West Virginia Highlands Conservancy and West Virginia Rivers Coalition ("Conservancy") filed a citizen suit under 33 U.S.C. 1365, alleging that Randy Huffman, in his official capacity as the Secretary of the West Virginia Department of Environmental Protection ("WVDEP") had ...

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  • Tenth Circuit Upholds Northwest Interstate Compact's Exclusionary Authority Of Member States

    Plaintiff EnergySolutions, LLC ("EnergySolutions") filed suit against Defendant Northwest Interstate Compact on Lower-Level Radioactive Waste Management ("Northwest Compact") on the grounds that the Northwest Compact had no statutory authority to deny permission of EnergySolution...

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  • Consent Decree Between State and BNSF on CECRA Claims Does Not Bar Pursuit of Private Common Law Restoration Claims

    A group of 151 Livingston, Montana residents ("Private Plaintiffs") filed a state court action in September 2007.The Private Plaintiffs allege that property they own was contaminated by diesel fuel, solvents, and other toxic substances they allege originated from BNSF's Livingsto...

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  • FERC's Refusal to Impose Conditions on PacifiCorp's Operation of the Klamath Hydroelectric Project Upheld

    In 2007, the Tribe filed with the Commission a motion asking that interim environmental conditions be imposed in PacificCorp's annual licenses.Specifically, the Tribe requested that the Commission immediately impose the conditions with respect to ramping rates and minimum flows....

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  • Settlement over the Impairment of Property Values Cannot Bar Arrow's Subsequent CERCLA S

    Arrow Gear Company and Precision (collectively "Arrow") appealed an order granting the defendants in Arrow's contribution action summary judgment based on res judicata. In 2008, Arrow and Precision brought separate lawsuits under CERCLA's section 113(b), seeking contribution agai...

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  • The Corps' Rapanos Jurisdiction Fails As There Is No "Significant Nexus" Between Project Wetlands And A Tributary

    After exhausting all administrative avenues for relief, Precon brought this action against the Corps challenging whether the Corps had demonstrated a significant nexus between wetlands Precon sought a permit for filling as part of its Chesapeake, Virginia development ("Property")...

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  • Plaintiffs’ Lack Evidence of Economic Loss to Enjoin EPA’s Enhanced Permitting Process

    Plaintiff is a mining association in Appalachia.It filed suit alleging that EPA and the Army Corps unlawfully changed the Clean Water Act section 404 permitting process by requiring compliance with the June 11, 2009 EnhancedCoordination Process Memoranda, and the April 1, 2010 De...

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  • EPA’s Review of California’s Implementation Plan for Meeting Oz

    On Petition for Review of an EPA Final Order, the Association of Irritated Residents, Natural Resources Defense Council and other environmental groups (Association) challenged EPAs approval, in part, and disapproval, in part, revisions to Californias California Implementation Pla...

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  • District Court’s Dismissal of Plaintiff’s RCRA Action on Burford Abstention Grounds Overturned

    Appellants own the Service Station acquired from Shell (Service Station). Appellee Sol is foreign corporation that is authorized to do business in Puerto Rico. Sol is responsible for the USTs, pipelines and equipment at the Service Station. Appellants brought this RCRA action all...

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