In a precedential decision, the Ninth Circuit recently modified its approach to mandatory injunctive relief in Endangered Species Act (ESA) cases involving multiple species.  The court, in San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo, No. 24-7807 (9th Cir. Dec. 3, 2025), held that “when mandatory injunctive relief under the ESA may benefit one protected species at the expense of other protected species, a court must consider competing equities and the public interest as to those other species.” Read More »

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This month, the United States Court of Appeals for the Ninth Circuit held in Confederated Tribes of the Colville Rsrv. v. Teck Cominco Metals Ltd, No. 24-5565, 2025 WL 2525853 (9th Cir. Sept. 3, 2025) that CERCLA permits recovery of natural resource damages with a cultural use component, effectively reversing the district court’s holding that cultural resource damages are not authorized under CERCLA. Read More »

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Last week the Supreme Court of Montana held that there is no implied private right of action for judicial enforcement under the Montana Water Use Act (Act).  In Lyman Creek, LLC v. City of Bozeman, DA 19-0112 (Mont. 2019), the Court determined that the Act reserves the right of enforcement only for the Montana Department of Natural Resources and Conservation (DNRC), the attorney general, and the county attorneys. Read More »

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