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Greater Yellowstone Coalition v. Flowers

The court upholds the U.S. Army Corps of Engineers' (the Corps) issuance of a Clean Water Act (CWA) §404 dredge and fill permit for the construction of a golf course and upscale housing development. Contrary to environmental groups' claim, the Corps' level of effort and documentation in its CWA...

Greenfield Mills, Inc. v. Macklin

The court holds that the Indiana Department of Natural Resources violated Clean Water Act (CWA) §404 when it discharged dredged material from a supply pond into a river without a permit. The dredging activity did not satisfy CWA §404(f)(1)'s maintenance exemption because a trier of fact co...

General Motors Corp. v. EPA

The court holds that it lacks jurisdiction over an automobile manufacturer's petition for review of U.S. Environmental Protection Agency (EPA) letters regarding enforcement actions based on the Agency's regulatory interpretation that automobile paint purge solvents are "solid waste" under the Resour...

Riverkeeper, Inc. v. EPA

The Second Circuit upholds all but one aspect of a U.S. Environmental Protection Agency (EPA) regulation designed to protect fish and other wildlife from harm by structures that withdraw cooling water from the nation's water bodies. For the most part, the regulation is based on a reasonable interpre...

California v. Neville Chem. Co.

The Ninth Circuit holds that the statute-of-limitations period for bringing a suit for recovery of remedial action costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not accrue until after the final adoption of the remedial plan. The case arose after ...

California Dep't of Toxic Substances Control v. Chico, Cal., City of

The court holds that an insurer of a potentially responsible party (PRP) may not seek to impose joint and several liability against defendant PRPs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA allows those who "pay compensation" to anot...

Sierra Club v. EPA

The court rejects a challenge to U.S. Environmental Protection Agency (EPA) regulations governing the emission of hazardous air pollutants (HAPs) from primary copper smelters. After surveying the technology used at the various locations, EPA determined that copper smelters used particulate matter (P...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that a district court properly reviewed, and rejected as time barred, a request to reopen its decision relieving a potentially responsible party (PRP) of investigative and remediation costs under Rule 60(b)(2) of the Federal Rules of Civil Procedure. After the district court issued i...

Alaska Dep't of Envtl. Conservation v. EPA

The U.S. Supreme Court holds that the Clean Air Act (CAA) authorizes the U.S. Environmental Protection Agency (EPA) to stop construction of a major pollutant emitting facility permitted by a state authority when EPA finds that the authority’s best available control technology (BACT) determinati...

United States v. Needham

The court holds that because oil discharged from a facility spilled into waters adjacent to an open body of navigable water, it contaminated waters regulated by the federal government under the Oil Pollution Act (OPA), thereby triggering federal regulatory jurisdiction pursuant to that Act. The bank...