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Anglers of the AuSable Inc. v. Department of Environmental Quality

The Michigan Supreme Court held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manifestly unreasonable and that the state agency should be held accou...

Honeywell International, Inc. v. Nuclear Regulatory Commission

The D.C. Circuit vacated an NRC decision in which it refused to consider the value of a company's "goodwill" in determining whether the company was exempt from certain financial requirements necessary for the decommissioning of a uranium processing plant. In 2007 and 2008, the NRC granted th...

In re Chaney Enterprises Ltd.

A Maryland court remanded certain provisions in a general discharge permit for mining operations and concrete plants. Petitioners—the owners of mining companies and concrete manufacturing plants throughout the state of Maryland—correctly argued that the wet weather total suspended solids numeric...

United States v. Southern Union Co

The First Circuit affirmed a natural gas company's conviction for storing hazardous waste without a permit in violation of RCRA. The company is precluded from challenging a 2002 EPA rule authorizing Rhode Island's RCRA regulations because it failed to use the proper statutory procedure for j...

Conservation Law Foundation, Inc. v. Patrick

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive relief. Once a co...

Stimson Lumber Co. v. International Paper Co.

A district court held that a lumber company's CERCLA action against the former owner of the company's sawmill and plywood manufacturing plant for reimbursement of past and future cleanup costs associated with the site is not barred by contract. When the lumber company purchased the plant in 1993, th...

Entergy Nuclear Generation Co. v. Department of Environmental Protection

Massachusetts' highest court vacated a nuclear power company's action seeking a judgment declaring that state regulations governing cooling water intake structures (CWIS) exceeded the state environmental agency's authority under the commonwealth's Clean Waters Act. A lower court ruled that the ...

Rococo Associates, Inc. v. Award Packaging Corp.

A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing compa...

Anglers of the AuSable, Inc. v. Department of Environmental Quality

The Michigan Supreme Court vacated its previous decision at 41 ELR 20056 in which it held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manife...

Newton-Enloe v. Horton

A California appellate court reversed a lower court decision dismissing petitioners' action to compel the state health department to prepare and submit a safe drinking water plan to the state legislature as required by state law. The department argued before the trial court that the statutory m...