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Davies v. National Coop. Refinery Ass'n

The court denies motions to dismiss Resource Conservation and Recovery Act (RCRA) and state-law claims against an oil refinery operator resulting from groundwater contamination in Kansas. Addressing the motion to dismiss the RCRA claim, the court first holds that plaintiffs failed to identify any sp...

Cross Oil Co. v. Phillips Petroleum Co.

The court dismisses Resource Conservation and Recovery Act (RCRA), common-law strict liability, negligence, private nuisance, continuing trespass, contribution, and indemnity claims that the current owners and operator of contaminated property brought against a former owner of the site. The court fi...

Chemical Weapons Working Group v. Department of the Army

The court denies appellants' motion to enjoin all incineration activities at the Tooele Chemical Agent Disposal Facility (TOCDF) while they appeal a district court's denial of their request for a preliminary injunction. The chronology of events in this case belies appellants' claim that the court's ...

California v. Montrose Chem. Corp. of Cal.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) three-year statute of limitations for natural resource damage (NRD) claims does not begin to run until the U.S. Department of the Interior promulgates both type A and type B regulations. Trust...

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that environmental groups' letter to the owner of a San Diego bayside facility alleging that the facility violated the Federal Water Pollution Control Act (FWPCA) and notifying it of the groups' intent to sue satisfied FWPCA §505(b) and 40 C.F.R. §135.3(a). The groups alleged that ...

Boyce v. Bumb

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims by owners of property within an inactive landfill against a prior landfill owner and operator are for contribution under CERCLA §113(f)(1) rather than for cost recovery under §107(a). The cou...

Kescoli v. Babbitt

The court holds that the Navajo Nation and the Hopi Tribe are necessary and indispensable parties to a Nation member's suit against the Office of Surface Mining Reclamation and Enforcement (OSM) challenging a modification to a mining permit condition the Nation and Tribe negotiated with the OSM and ...

National Mining Ass'n v. Department of the Interior

The D.C. Circuit strikes down the U.S. Office of Surface Mining Reclamation and Enforcement's (OSM's) ownership-and-control, permit-information, and permit-rescission rules under the Surface Mining Control and Reclamation Act (SMCRA). The ownership-and-control rule conflicts with the plain meaning o...

C&C Millwright Maintenance Co. v. Greeneville, Town of

The court holds that a company that cleaned up a contaminated site but did not comply with the public-comment requirements of the national contingency plan (NCP) may not recover its response costs from a town under the Comprehensive Environmental Response, Compensation, and Liability Act. The compan...

Missouri v. Independent Petrochemical Corp.

The court holds that a county ordinance regarding dioxin air emissions is inconsistent with the standard agreed to in a Comprehensive Environmental Response, Compensation, and Liability Act and Resource Conservation and Recovery Act consent decree, and thus is inapplicable to the project that the co...