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Nixon-Egli Equip. Co. v. John A. Alexander Co.

The court holds that no statute of limitations applies to citizen suits under the Resource Conservation and Recovery Act (RCRA) that do not seek civil penalties and that defendants bear the burden of proof on the applicability of the petroleum exclusion under the Comprehensive Environmental Response...

Stearns & Foster Bedding Co. v. Franklin Holding Corp.

The court holds that two companies that invested in manufacturers that conducted operations at a site later found to be contaminated are not liable as operators under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and that genuine issues of material fact preclude...

Lower Brule Sioux Tribe v. South Dakota

The court holds that South Dakota, and not a Sioux tribe, has jurisdiction to regulate hunting and fishing by non-members of the tribe on lands and waters within the reservation that are owned in fee by non-members or that were taken by the U.S. Army Corps of Engineers (the Corps) for flood control....

Miccosukee Tribe of Indians of Fla. v. EPA

The court holds that a Florida Native American tribe's citizen-suit action against the U.S. Environmental Protection Agency (EPA) for failing to comply with its duties under the Federal Water Pollution Control Act (FWPCA) may not be dismissed by a court for lack of subject matter jurisdiction withou...

WMX Techs., Inc. v. Gasconade County

The court holds that a local solid waste management ordinance that requires landfill owners who wish to operate solid waste disposal processing storage sites to apply to county commissioners for a permit does not violate landfill owners' substantive due process rights, nor does it constitute an ille...

United States v. Louisiana Pac. Corp.

The court holds that it lacks jurisdiction under §3731 of the Criminal Appeals Act to hear a government interlocutory appeal of a lower court's dismissal of two parts of a conspiracy count against a manufacturer alleged to have violated the Clean Air Act and the False Statements Act. The court firs...

United States v. Krilich

The court holds that the United States may enforce a consent decree that settled allegations against landowners for filling wetlands in violation of the Federal Water Pollution Control Act (FWPCA). The decree provided that an isolated wetland on the landowners' property would be excluded from the de...

Klamath Falls, City of v. Babbitt

The court holds that the Secretary of the Interior's designation of an 11-mile section of the Klamath River in Oregon as a National Scenic River did not violate the National Wild and Scenic Rivers Act (WSRA), the National Environmental Protection Act (NEPA), or the Administrative Procedure Act (APA)...

Rumpke of Ind., Inc. v. Cummins Engine Co.

The court holds that an owner of contaminated land may bring an action under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act to recover its direct response costs as long as it did not contribute to the presence of hazardous substances at the site, and that §113...

Pape v. Lake States Wood Preserving, Inc.

The court dismisses a Resource Conservation and Recovery Act (RCRA) citizen suit that an individual brought against a wood products company. The court first rejects defendant's argument that because the suit is allegedly a mere refiling of a similar suit filed by other plaintiffs that was dismissed,...