The D.C. Circuit denied a trucking association’s petition to review an EPA decision authorizing under the CAA a California rule that regulated emissions from transportation refrigeration units (TRUs) in trucks. The rule required all TRUs carried on trucks operating in California to comply with...

A district court granted defendant’s motions to exclude evidence of defendant’s prior conviction under, and involvement with, certain environmental laws in a case where defendant was charged with violating RCRA §3008(d)(2)(A). Although defendant’s prior conviction could be pro...

The Second Circuit affirmed in part and vacated in part a lower court decision that found a county’s mosquito-control activities lawful under the CWA. Although the record indicates the county’s application of pesticides was, in the main, consistent with the EPA-approved FIFRA label, it a...

A district court denied environmental groups’ motion for summary judgment and granted the U.S. Fish and Wildlife Service's and the National Park Service’s cross motion for summary judgment relating to claims that the agencies’ comprehensive Bison and Elk Management Plan violates th...

A district court denied a chromium production facility operator’s motion for summary judgment with respect to claims seeking remediation of hexavalent chromium contamination under the imminent and substantial endangerment citizen suit provision of RCRA. A consent decree between the chromium pr...

A district court rejected a homebuilder association's facial challenge to nationwide permit 46, which governs the discharge of dredged or fill materials into nontidal upland ditches. The association argued that the U.S. Army Corps of Engineers exceeded its authority under the CWA in issuing the perm...

A district court dismissed a property owner's cost recovery and contribution claims against the prior owner for costs incurred remediating the site. The remediation took place pursuant to a consent order entered between the owner and the state environmental agency. CERCLA §107(a) permits a PRP ...

A district court granted dry cleaning machine manufacturers’ motion to dismiss claims against them under CERCLA, RCRA, and state and common law to recover costs to remediate contamination from perchloroethylene (PCE), a volatile organic compound used in dry cleaning. First, the manufacturers c...

A district court held that a proposed settlement relating to cleanup costs of a hazardous waste spill from a tank car entered into between plaintiff and one defendant was fair and was reached in good faith and that the pro tanto method was superior for settlement credit on the facts of the case. Wit...

The Ninth Circuit denied a petition for review of an EPA order that rejected petitioner’s request relating to the Alaska Department of Environmental Conservation’s (ADEC) issuance of a CAA Title V permit for an oil and gas processing facility in Prudhoe Bay. Pursuant to CAA §505(b)(...