In People v. Davis, the state sued a marijuana cultivator who was convicted of illegally diverting the natural course of a stream. The defendant was convicted by the trial court and appealed the petty theft conviction, arguing there could be no theft because the State of California has only a regulatory interest in use of…
Oregon Climate Change Battle Continues
Oregon climate change suit survives motion to dismiss On November 10, 2016, Judge Aiken of the U.S. District Court for Oregon issued an opinion rejecting motions to dismiss filed by both the collective United States Defendants (“Defendants”) and three industrial intervenors, the National Association of Manufacturers, the American Petroleum Institute, and the American Fuel &…
Ninth Circuit CERCLA update
The Ninth Circuit in a 3-judge panel decision held that Teck Metal’s use of mining smelter stacks which allowed aerial dispersion of metal waste that ultimately ended up in Washington state was not the “disposal” of waste for purposes of CERCLA liability. Pakootas v. Teck Cominco Metals, Ltd., No. 15-35228, 2016 WL 4011196, ___ F.3d…
Attorneys in the news
Christine Hein is a 2017 Super Lawyers® Rising Star in environmental law. Greg Trimarche is a Best Lawyer in America for real estate litigation. Norm Dupont was recognized as a Super Lawyer in environmental litigation. J.W. Ring spoke on legal issues at the Portland Geosyntec/Ring Bender vapor intrusion workshop on October 11, 2016.
