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United States v. Southern Union Co.

A district court held that community service having a value no more than $500,000 would be an appropriate sentence for a pipeline operator that stored liquid mercury at one of its facilities without a permit. Below, a trial court imposed an $18 million fine against the company, but the sentence was ...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The group failed to state a claim under the CWA because discharges of...

Premiere Associates, Inc. v. EXL Polymers, Inc.

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a carpet manufacturer that sent carpet selvedge to a site for recycling...

Clean Harbors, Inc. v. CBS Corp.

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998. In 2002, the current owner purchased the site ...

Southern Union Co. v. United States

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466, the Court held that the Sixth Amendment's jury-trial guarantee requires th...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an imminent and substantial risk to human health and the environment...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not including in the deregulation a category of hazardous secondary materia...

Town & Country Co-op, Inc. v. Akron Products Co.

A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination. The complaint contains sufficient factual allegations supporting the company's claim that the former owner of the neigh...

Litgo New Jersey, Inc. v. Martin

A district court held that a property owner is not entitled to attorney fees from the U.S. government in an underlying case in which the government was found liable under RCRA for trichloroethylene contamination at the site. The lower court held that the U.S. Army, Navy, and Air Force were liable as...

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...