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Ohio Pub. Interest Research Group v. Laidlaw Envtl. Servs., Inc.

The court holds that §505(b)(1)(B) of the Federal Water Pollution Control Act (FWPCA) does not bar environmental groups' citizen suit against a wastewater treatment company for allegedly violating the FWPCA and municipal pretreatment standards. The court first addresses the company's assertion that...

Clear Lake Properties v. Rockwell Int'l Corp.

The court holds that a laboratory operator is liable for contribution under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to the lessee of adjacent contaminated property. The court first rejects the lessee's argument that it may maintain a cost recovery ...

Rowlands v. Pointe Mouillee Shooting Club

The court holds that the Eleventh Amendment to the U.S. Constitution bars a Michigan resident's Resource Conservation and Recovery Act (RCRA) citizen suit against the Michigan Department of Natural Resources (DNR). The court first holds that the Eleventh Amendment applies to the DNR as a defendant i...

United States v. Pitrone

The court affirms a taxidermist's conviction and sentence for violating the Migratory Bird Treaty Act (MBTA) by knowingly selling Harlequin duck mounts. The court first holds that the jury instructions were not defective even though they did not require the government to prove that the taxidermist k...

Gunn v. Department of Agric.

The court upholds the U.S. Department of Agriculture's (USDA's) determination that 28.2 acres of a farmer's land are converted wetlands and therefore, cannot be farmed without the farmer losing eligibility for certain farm benefits under the Food Security Act's Swampbuster program. The court first h...

Principal Mut. Life Ins. Co. v. Western Resources, Inc.

The court holds that a property ownere who was named a potentially responsible party (PRP) may not seek a declaratory judgment exempting it from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) when no enforcement action has been filed. The court fir...

Ninth Ave. Remedial Group v. Allis-Chalmers Corp.

The court holds that Indiana did not waive its Eleventh Amendment immunity in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suits by judicial decision, statute, or conduct. The court first holds that the Indiana Supreme Court's elimination of the defense of sovereign...

Maier v. EPA

The court affirms the U.S. Environmental Protection Agency's (EPA's) denial of a petition for a rulemaking to set parameters for nitrogenous biochemical oxygen demand (NOD) and ultimate biochemical oxygen demand in secondary treatment standards under (NOD) and ultimate biochemical oxygen demand in s...

OHM Remediation Servs. v. Evans Cooperage Co.

The court holds that the phrase "causes the incurrence of response costs" in §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not require CERCLA plaintiffs to have a protectable interest in the contaminated property, and only potentially responsible...

Reeves Bros. v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) emergency response team violated the Fourth Amendment to the U.S. Constitution when it entered onto private property without a warrant and removed water and soil samples. The team was investigating the burial of rubber compounds at th...