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Schmucker v. Johnson Controls, Inc.

A district court denied injunctive relief to residents in a lawsuit concerning soil and groundwater contamination at and adjacent to a manufacturing facility in Goshen, Indiana. Residents living adjacent to the facility brought a citizen suit under RCRA, arguing that the contamination might present ...

West Virginia State University Board of Governors v. Dow Chemical Co.

A district court granted a university board of governors' motion to remand to state court a lawsuit concerning groundwater contamination beneath university land from a nearby facility. The board filed suit in state court, arguing that the facility released volatile and semivolatile organic compounds...

Waterkeeper Alliance v. Wheeler

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop an...

California Communities Against Toxics v. Environmental Protection Agency

The D.C. Circuit upheld an EPA rule that classified as "recycled" certain hazardous material sent to a third-party reclamation facility and thus exempted the material from RCRA regulations governing discarded waste. Environmental groups argued the rule violated RCRA because material that a generator...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit reversed a district court's dismissal of a challenge to the use of lead ammunition in Kaibab National Forest. Environmental groups sought to require the U.S. Forest Service to address the use of lead ammunition by hunters in the national forest, alleging the the Service's failure t...

Evanston v. Northern Illinois Gas Co.

A district court denied a city's motion for a preliminary injunction in a RCRA lawsuit against two utility companies that owned a long-abandoned manufactured gas plant. The city alleged that the plant had contaminated soil in a nearby park and around a decommissioned water main, and sought to requir...

Residents of Gordon Plaza, Inc. v. Latoya Cantrell

A district court granted residents' motion for summary judgment in a RCRA lawsuit against the city of New Orleans for inhumane and dangerous living conditions at a residential development located on a former landfill site previously operated by the city. The residents argued that the city had previo...

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding groundwater, which in turn contaminated a nearby lake, in violation ...

Utility Solid Waste Activities Group v. Environmental Protection Agency

The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that the rule unlawfully disregarded significant risks of harmful leak...

PennEnvironment v. PPG Industries, Inc.

A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable because...