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Interstate Power Co. v. Kansas City Power & Light Co.

The court holds that a contractor that a property owner and a local municipality hired to perform demolition and construction activities on the property and who redistributed and spread existing contamination across the property and into a nearby stream is not liable under §107 of the Comprehensive...

Auto-Ion Litig. Group v. Auto-Ion Chems.

The court holds that the state of Michigan has Eleventh Amendment immunity from a Michigan city's third-party claims seeking contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and common-law indemnification for the city's cleanup costs at a site the...

Ogden Projects, Inc. v. New Morgan Landfill Co.

On reconsideration, the court holds that the owner and operator of a municipal solid waste landfill did not violate the Clean Air Act (CAA) by constructing and operating the landfill without obtaining a Part D permit. The landfill owner obtained a solid waste permit from the Pennsylvania Department ...

Conservation Law Found. v. Busey

The court affirms a district court dismissal of a Clean Air Act (CAA) §304 citizen suit involving the redevelopment of Pease Air Force base in New Hampshire. Plaintiffs in this action challenged the U.S. Air Force's decision to lease property at the base to a state agency created to acquire certain...

United States v. Freeman

The court upholds a pet store owner's conviction of conspiring to illegally import Amazon parrots into the United States from Mexico. The court first holds that the evidence introduced at trial supports the jury's finding that the defendant was involved in a conspiracy to import the parrots. The def...

Yellow Freight Sys., Inc. v. ACF Indus., Inc.

The court holds a seller of land containing buildings and machinery with polychlorinated biphenyls (PCBs) and asbestos is not liable to the purchaser for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that buildings on t...

Rainsong Co. v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission (FERC) failed to comply with Federal Power Act (FPA) §4(e) in denying an application for a license to build a hydroelectric plant in the Olympic National Forest. The court first holds that as amended, §4(e) requires FERC to analyze whet...

Meghrig v. KFC W., Inc.

The U.S. Supreme Court holds that §7002 of the Resource Conservation and Recovery Act (RCRA) does not authorize a private cause of action to recover the prior cost of cleaning up toxic waste that does not, at the time of the suit, continue to pose an endangerment to health or the environment. The t...

Hughey v. JMS Dev. Corp.

The court holds that the zero-discharge standard set forth in §301 of the Federal Water Pollution Control Act (FWPCA) does not apply to stormwater runoff from construction activities when compliance is impossible, there is no national pollutant discharge elimination system (NPDES) permit for the di...

Schiavone v. Pearce

The court holds that an indemnification agreement between two corporations that allocated responsibility for the liabilities of a subsidiary that one of the corporations sold to the other does not affect the seller's direct operator liability under the Comprehensive Environmental Response, Compensat...