Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

United States v. Tennessee Air Pollution Control Bd.

The court affirms a district court's decision holding that the Clean Air Act's (CAA's) waiver of sovereign immunity allows a state air pollution control board to fine the U.S. Army for violating the Tennessee Air Quality Act. The Army violated the state statute at its ammunition plant by failing to ...

Aztec Minerals Corp. v. EPA

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) precludes judicial review of a CERCLA §104(e) access order that required the U.S. Environmental Protection Agency (EPA) to have access to an abandoned mine in order to conduct a CERCLA r...

Continental Title Co. v. Peoples Gas Light & Coke Co.

The court adopts the report and recommendation of a magistrate judge that absolved a current property owner's liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) but imposed liability for CERCLA response costs on a former site owner. The court first hol...

United States v. Witco Corp.

The court holds that the U.S. Environmental Protection Agency (EPA) may collect oversight costs from a chemical corporation in accordance with a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree entered into by the two parties, but may not collect penaltie...

United States v. WCI Steel, Inc.

The court holds that the wastewater that an Ohio steelmaking facility treated, stored, and disposed of in three wastewater ponds exhibited the hazardous waste characteristic of corrosivity, and, thus, the ponds were subject to the Resource Conservation and Recovery Act (RCRA). The court first holds ...

Zuccarelli v. State

The court denies a solid waste collector's application to reopen and vacate a settlement agreement entered into with a state environmental agency even though the waste flow regulations under which the agreement was reached were later declared unconstitutional. The court first holds that applying the...

United States v. Van Loben Sels

The court reverses and remands the sentence imposed against the owner of a hazardous waste treatment, storage, and disposal facility who pled guilty to negligently discharging oil wastewater contaminated with benzene into the Los Angeles sanitary sewer in violation of the Clean Water Act (CWA). The ...

Friends of the Earth v. Laidlaw Envtl. Servs. (TOC), Inc.

The Court holds that the Fourth Circuit erroneously vacated on mootness grounds a district court award of civil penalties in favor of environmental groups that brought a citizen suit against a hazardous waste treatment facility for violations of its Clean Water Act (CWA) national pollution discharge...

Volunteers of Am. of W. New York v. Heinrich

The court grants in part and denies in part a motion to dismiss several federal and state claims brought by the owner of contaminated property seeking response costs from prior site owners. The court first holds that the current site owner can bring a Comprehensive Environmental Response, Compensati...

General Elec. Co. v. Department of Commerce

The court vacates the portion of the National Oceanic and Atmospheric Administration's (NOAA's) natural resource damage assessment rule that authorizes the removal of residual oil and the recovery of attorney fees, but upholds the final rule in other respects. The court first holds that the rebuttab...