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Friends of Sierra Madre v. Sierra Madre, City of

The court holds that a city's failure to conduct an environmental review prior to placing a measure on a ballot, which proposed the removal of 29 properties from the city's Register of Historic Landmarks, violated the California Environmental Quality Act (CEQA). The court first holds that any inform...

Fina, Inc. v. Arco

The court holds that indemnity provisions in sales agreements between the original owner, intermediate owner, and current owner of a Texas oil refinery are unenforceable and do not bar the current owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against t...

Frey v. EPA

The court affirms in part and dismisses in part a district court order dismissing for lack of subject matter jurisdiction residents' claim that the remediation plan for three toxic waste sites in Bloomington, Indiana, does not comply with federal or state law. The residents sought declaratory and in...

F.R.C. Int'l, Inc. v. United States

The court affirms a district court holding that a taxpayer who purchased an ozone-depleting chemical (ODC) from China and then processed and sold the ODC to customers in the United States is subject to federal excise taxes. The court first holds that the taxpayer cannot take advantage of an exemptio...

Hawaii Wildlife Fund v. Maui, City of

The Ninth Circuit held that Maui County is liable for illegally discharging treated wastewater that seeped through groundwater into the Pacific Ocean. The County owns and operates four wells at the Lahaina Wastewater Reclamation Facility (“LWRF”), the principal municipal wastewater treatment pla...

Coppola v. Smith

A district court held that a California city does not have to pay a settlement to a dry cleaner for chemical contamination near his property per a condition of their settlement agreement. After discovering a perchloroethylene (PCE) contamination plume in downtown Visalia, California, the California ...

Connecticut v. Pruitt

A district court held that EPA failed to act when it did not rule within 60 days on Connecticut's petition concerning upwind pollution. In June 2016, Connecticut filed a petition pursuant to §126(b) of the CAA for EPA to make a finding that Brunner Island is emitting air pollutants that significant...

Utah Shared Access Alliance v. U.S. Forest Serv.

The court holds that the U.S. Forest Service's decision to close numerous roads in a popular recreation area in the Dixie National Forest in an effort to reduce sedimentation in lakes complied with the National Environmental Policy Act (NEPA). The Forest Service issued an environmental assessment an...

FMC Corp. v. Vendo Co.

The court bars certain Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state-law contribution claims that two settling potentially responsible parties (PRPs) at a California contaminated site brought against a nonsettling PRP, but allows certain other contribution ...