Guides published by Thierry Raymond Montoya

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

Jul 06, 2012

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 workin...

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

Jul 06, 2012

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 Secre...

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

Jul 06, 2012

Plaintiff EnergySolutions, LLC ("EnergySolutions") filed suit against Defendant Northwest Interstate Compact on Lower-Level Radioactive Waste Management ("Northwest Compact") on the grounds that the No...

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

Jul 06, 2012

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, so...

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

Jul 06, 2012

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 imm...

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

Jul 06, 2012

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 bro...

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

Jul 06, 2012

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 ...

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

Jul 06, 2012

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...

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

Jul 06, 2012

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, a...

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

Jul 06, 2012

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, pipeline...

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Thierry Raymond Montoya's Legal Guides (39)

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

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

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

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

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

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

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

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

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

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