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Southern Cal. Edison Co. v. Federal Energy Regulatory Comm'n

The court holds that Federal Power Act (FPA) §4(e)'s "mandatory conditions" requirement for hydropower projects on federal reservations applies to license applications for existing projects whose licenses have expired, and that §4(e) conditions may relate to purposes beyond those originally concei...

Marbled Murrelet v. Babbitt

The court vacates a preliminary injunction against private logging in Humboldt County, California, pursuant to eight state-approved timber harvest plans. The U.S. Fish and Wildlife Service (FWS) consulted with the state regarding the plans and issued two letters indicating its opinion that the loggi...

New Castle County v. Halliburton Nus Corp.

The court holds that a landfill operator that is a potentially responsible party (PRP) may not bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 claim against another PRP that installed monitoring wells at the landfill. The PRPs do not have the option to ch...

In re Forty-Eight Insulations, Inc.

The court affirms a district court decision denying a stay of a bankruptcy court order that approved an asbestos trust fund's interim distribution and the creation of a reserve to fund disputes over disallowed claims. The court first holds that it has jurisdiction under 28 U.S.C. §1292(a)(1), which...

Atlantic States Legal Found. v. Stroh Die Casting Co.

The court holds that an environmental group's suit may proceed against a metal castings plant for allegedly violating the Federal Water Pollution Control Act (FWPCA) by discharging wastewater into a municipal sewer system. The court first holds that the group's notice of intent to sue sufficiently i...

Lentz v. Mason

A district court holds that a real estate broker and its agent are not liable as owners, operators, or arrangers under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a lessee's disposal of hazardous substances on property listed with the broker. Pl...

Teleflex Inc. v. Collins & Aikman Prods. Co.

The court dismisses a claim by property buyers that the sellers fraudulently misrepresented the property's environmental conditions. The court first holds that the buyers may assert a claim for fraud in the inducement despite the fact that the purchase agreement waives the parties' right to bring co...

Cumberland Farms, Inc. v. Florida Dep't of Envtl. Protection

The court holds that an underground storage tank (UST) owner violated Florida's financial responsibility law and regulations during its reorganization in bankruptcy and that a $200,000 fine imposed by the bankruptcy court for that violation should be given administrative expense priority status. The...

Orleans Parish Sch. Bd. v. Asbestos Corp. Ltd.

The court holds that Louisiana's one-year statute of limitations for delictual actions barred a school board's claims for asbestos removal costs against asbestos manufacturers. The statute of limitations began to run in 1980, when the school board knew that it had a serious asbestos problem and that...

United States v. Wallace

The court holds that the successor to a semiconductor manufacturer, but not the successor's corporate sole shareholder, is jointly and severally liable for response costs the United States incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at the Bio-Ec...