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Fisher v. Chestnut Mountain Resort, Inc.

The court holds that a group of individuals do not have standing to bring a Clean Water Act citizen suit against a ski resort for discharging pollutants without a permit. In 1997, the resort constructed and put into use a terrain park, primarily for snowboarders, on the far side of its property, whi...

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and California state law do not preempt the field of hazardous waste remediation either explicitly or by implication, but that certain sections of a municipality's hazardous waste law are neverthe...

Exxon Valdez

The court holds that commercial and native subsistence fishermen may be awarded punitive damages for economic injuries they suffered as a result of the Exxon Valdez oil spill, but the $5 billion awarded the fishermen is excessive in light of U.S. Supreme Court precedent. A class of commercial fisher...

North Carolina Shellfish Growers Ass'n v. Holly Ridge Assocs., L.L.C.

A court denies a landowner's motion to dismiss environmental groups' Clean Water Act (CWA) citizen suit against the landowner for ditch digging in wetlands and discharging to surrounding waters without the proper permits. The court first holds that the CWA §505(a) citizen suit provision is constitu...

Water Keeper Alliance v. Smithfield Foods, Inc.

A court denies a concentrated animal feeding operation's (CAFO's) motion to dismiss an environmental group's claims that the CAFO violated various provisions of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA). The CAFO failed to obtain a national pollutant discharge e...

Etcheverry v. Tri-Ag Serv., Inc.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law failure-to-warn claims against the manufacturer of two pesticides that, when mixed together, damaged the farmer's crops. Following the lead of the majority of courts that have considere...

North Carolina v. Acme Petroleum & Fuel Co.

The court affirms a district court decision entitling a state to recover from a petroleum producer and underground storage tank (UST) leasing company the costs of providing bottled water and filtration systems to homeowners whose well water was contaminated by benzene from leaking USTs. The court fi...

United States v. Tarkowski

The court affirms the dismissal of the U.S. Environmental Protection Agency's (EPA's) suit seeking access to property under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the purpose of remediation, investigation of possible environmental hazards, ...

United States v. Tarkowski

The court denies the U.S. Environmental Protection Agency's (EPA's) motion seeking an order under Comprehensive Environmental Response, Compensation, and Liability Act §104(e) requiring a landowner to allow EPA to access his property to test water on the property in order to determine if it has bee...

EPA v. General Electric Co.

ELR Digest
The court strikes its previous holding that pursuant to the waiver of sovereign immunity in the Administrative Procedure Act (APA), 5 U.S.C. §702, the U.S. Environmental Protection Agency's (EPA's) refusal to respond to a corporation's nonparty subpoena is subject to judicial review und...