ENVIRONMENTAL LAW CASES

• Alcoa, Inc. v. US
• California Dep't of Toxic Substances Control v. Alco Pac., Inc.
• UFO Chuting of Hawaii, Inc. v. Smith
• Santa Clarita Org. for Planning the Env't v. County of L.A.

U.S. 3rd Circuit Court of Appeals, November 28, 2007
Alcoa, Inc. v. US, No. 06-1635
Taxpayer-Alcoa's expenses for environmental clean-up of its industrial sites, mandated by changes in environmental law, do not qualify for the beneficial tax treatment afforded by section 1341 of the Internal Revenue Code because the clean-up expenses do not qualify as restored moneys under section 1341. Read more...

U.S. 9th Circuit Court of Appeals, November 28, 2007
California Dep't of Toxic Substances Control v. Alco Pac., Inc., No. 05-55962
In a state agency's cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), seeking cleanup costs arising from the release of hazardous substances at a former lead processing facility, summary judgment for defendants, alleged "arrangers" who sold lead content materials to the facility's operators, is reversed where defendants were not entitled to summary judgment under the useful product doctrine because a reasonable finder of fact could infer from the evidence that the transactions at issue involved arrangements for disposal or treatment of a hazardous waste. Read more...

U.S. 9th Circuit Court of Appeals, November 28, 2007
UFO Chuting of Hawaii, Inc. v. Smith, No. 05-16545
In a suit brought by the operator of a commercial parasailing business in Hawaii challenging state law limiting its operations, summary judgment for the state is affirmed as plaintiff's right to operate vessels under its federal maritime coasting licenses does not preempt Hawaii law prohibiting parasailing off the coast of Maui during limited portions of the year to protect mating humpback whales. Read more...

California Appellate Districts, November 26, 2007
Santa Clarita Org. for Planning the Env't v. County of L.A. , No. B189116
In case involving water service portion of an environmental impact report, denial of petition for writ of mandate challenging defendant's revision and recertification of the EIR is affirmed as the EIR satisfies all four principles governing analysis of the water services portion of an EIR under Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412. (Opinion on rehearing). Read more...