The court holds that applying the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to a contaminated plant site that has virtually no effect on interstate commerce violates the Commerce Clause of the U.S. Constitution. Applying the U.S. Supreme Court's decision in Landg...
The court holds that a truck-parts manufacturer is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 70 percent of the costs it and an airplane manufacturer incurred in investigating and remediating contamination of an aquifer. Both manufacturers own...
The court holds that individuals and a citizen group are not entitled to attorney fees they incurred suing the state of Louisiana for violations of Safe Drinking Water Act (SDWA) §1464, which was enacted through the Lead Contamination and Control Act (LCCA). A district court had dismissed plaintiff...
The court rules on several motions for summary judgment and to amend the pleadings in a town's suit under §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover costs it incurred cleaning up a municipal landfill. The court first holds that th...
The court holds that a mine adit and mine drainage pits are point sources under the Federal Water Pollution Control Act (FWPCA), and that acid mine drainage flowing into navigable waters is a pollutant for which a national pollutant discharge elimination system (NPDES) permit is required. The court ...
The court holds that discharging "produced water," a byproduct of oil and gas extraction, without a permit violates the Federal Water Pollution Control Act (FWPCA). The court first holds that the plaintiff environmental group has standing to bring this FWPCA citizen suit against the owner and operat...
The court holds that New York's plan to adopt the California low emission vehicle (LEV) program without adopting California regulations mandating the sale of low-sulfur fuels does not violate Clean Air Act (CAA) §177's "third-vehicle" prohibition. Section 177 allows states to piggyback on Californi...
The court holds that the private operator of a navy vessel is not entitled to reimbursement from the Oil Spill Liability Trust Fund (the Fund) of its costs of remediating 12 barrels of bunker fuel that spilled into the Houston ship channel while being pumped into the vessel. The Fund denied the oper...
The court holds that an action by the current owner of a contaminated site to recover cleanup costs from the site's former owner and operator is a contribution action under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which is barred by the applicable ...
The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(g)(2)(B)'s six-year statute of limitations bars California's action to recover costs it incurred at a contaminated lumber mill in Trinity, California. Under §113(g)(2), the limitations period i...