The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...
A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...
A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those engi...
A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those engi...
A district court held that a food company is not shielded from CERCLA liability by a settlement reached under RCRA related to the same site. EPA brought suit against the food company, a successor to the company that operated the site until 1982, for response costs the Agency occurred or would incur ...
The Oregon Supreme Court ruled that a company that ran a waste treatment and disposal facility was liable for transporting hazardous waste without the proper manifest forms. The company contracted to transport waste from a polymer manufacturer's factory to its treatment facility. The company had pre...
A district court permitted a contribution suit under CERCLA against a paper company to proceed in a case involving a site in Dayton, Ohio. The site was allegedly contaminated with numerous hazardous chemicals that were used in the paper-making process over the course of 100 years. A commercial prope...
The Massachusetts Supreme Court held that a scientific consultant group hired to assess the effects of the Deepwater Horizon oil spill cannot proceed with a defamation suit against a pair of environmental advocates. The advocates, residents of the affected area, wrote an article that appeared in the...
The Fourth Circuit affirmed a district court ruling that upheld a Virginia uranium mining ban on non-federal lands. In the early 1980s, a uranium deposit was discovered in Pittsylvania County, Virginia, on land owned by a mineral company. The Virginia Assembly requested that the state Coal and Energ...
A district court denied injunctive relief against the Bureau of Ocean Energy Management for failure to comply with NEPA in connection with its wind energy leasing. The Bureau leased a nautical area off the coast of New York to an energy company for the development of a wind energy facility. The plai...