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

Sharp Land Co. v. United States

The court dismisses landowners' claims under the U.S. Constitution, state tort law, and federal law arising from the U.S. Army Corps of Engineers' (the Corps') and the U.S. Environmental Protection Agency's (EPA's) issuance of orders requiring them to stop harvesting timber on their property. The Co...

Licciardi v. Murphy Oil U.S.A., Inc.

The court holds that plaintiff landowners may not recover money they spent testing for hazardous substances on their property under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), because they failed to establish that they were justified in incurring response cost...

Idylwoods Assocs. v. Mader Capital, Inc.

A magistrate judge declines to change his ruling granting summary judgment against the corporate owner and operator of a contaminated site, and its parent company, on their use of the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) third-party defense and denying s...

Cooper Indus., Inc. v. Agway, Inc.

The court holds a company liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for arranging for the disposal at a Superfund site of scrap metal and liquid waste that it generated at its facility. The court first denies the company's motion to dismiss the c...

United States v. Denver, City & County of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a Denver zoning ordinance that conflicts with a U.S. Environmental Protection Agency (EPA) remedial order at the Denver Radium Superfund site. The court first holds that Denver's zoning o...

Sierra Club v. Thomas

The court holds that the U.S. Forest Service's decision to adopt a 10-year land and resource management plan (LRMP) calling for the clearcutting of timber in the Wayne National Forest in Ohio violated the National Forest Management Act (NFMA). The court first holds that the environmental group plain...

RSR Corp. v. EPA

The court holds that the owner of an abandoned lead smelter site whose property was proposed for inclusion on the national priorities list (NPL) under the Comprehensive Environmental Response, Compensation, and Liability Act is barred from challenging the U.S. Environmental Protection Agency's (EPA'...

Solid Waste Agency of N. Cook County v. Corps of Eng'rs

The court holds that a municipality and its citizens may not intervene as of right on the side of the U.S. Army Corps of Engineers (the Corps) in a challenge to a Federal Water Pollution Control Act (FWPCA) §404 permit denial. Several municipalities that wanted to build a landfill on a wooded and w...

United States v. Ahmad

The court holds that the government must prove that a store owner who discharged gasoline from a point source into navigable water without a permit knew that he was discharging gasoline, and not water, in order to convict the store owner of violating §§301(a) and 307(d) under §309(c) of the Feder...

Ninth Ave. Remedial Group v. Fiberbond Corp.

The court holds that §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies retroactively. The court first rejects the argument that the lack of an express mandate from Congress ordering retroactivity should be determinative. Nothing in the U.S. Suprem...