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United States v. Taylor

The court holds that potentially responsible parties (PRPs) may bring cost recovery actions under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if they incurred necessary response costs. The United States sought to recover cleanup costs under CERCLA f...

New W. Urban Renewal Co. v. Westinghouse Elec. Corp.

The court holds that a seller of contaminated property did not contractually transfer its environmental liability to the buyer and that the seller is subject to New Jersey's Environmental Cleanup Responsibility Act (ECRA), but that the buyer's claim against the seller for cleanup costs is time barre...

Natural Resources Defense Council v. Fox

The court holds that 28 U.S.C. §2401's six-year statute of limitations does not bar a Federal Water Pollution Control Act §505(a)(2) citizen suit to compel the U.S. Environmental Protection Agency (EPA) to establish total maximum daily loads (TMDLs) for water quality limited segments in New York S...

BellSouth Telecommunications, Inc. v. W.R. Grace & Co.—Conn.

The court holds time barred an action under the Connecticut Product Liability Act (CPLA) by the owner of a building in which an asbestos-containing fireproofing material was installed, because the owner did not sue the asbestos product's manufacturer within three years of learning that abatement was...

Northwest Envtl. Advocates v. Portland, City of

The court denies a petition for rehearing en banc of the court's decision in Northwest Environmental Advocates v. City of Portland, 25 ELR 21250 (1995). In that decision, the court held that Federal Water Pollution Control Act (FWPCA) citizen suits may be brought to enforce state water quality stand...

LaSalle Nat'l Trust, N.A. v. ECM Motor Co.

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 claim by a buyer of contaminated property against the seller is not so patently without merit as to deprive the district court of subject matter jurisdiciton, even though an agreement between ...

Citizens Alliance to Protect Our Wetlands v. Wynn

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the Federal Water Pollution Control Act (FWPCA) by issuing an FWPCA §404 permit to fill wetlands at a proposed thoroughbred racetrack. An environmental group seeking a temporary restraining order or a preliminary inju...

United States v. Monsoor

The court affirms the conviction under the Lacey Act of a commercial fisher who sold in interstate commerce over 100 pounds of catfish caught with a seine net in violation of a Wisconsin regulation. The court first notes that the state regulation is permissive. The regulation prohibits commercial fi...

Mancuso v. New York State Thruway Auth.

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar marina owners' Federal Water Pollution Control Act (FWPCA) citizen suit for damages and an injunction against a thruway authority and a municipality for alleged discharges of pollutants into a bay. The court first hold...

United States v. Louisiana Pac. Corp.

The court holds that an indictment alleging that a plywood manufacturer violated the Clean Air Act (CAA) by knowingly falsifying continuous opacity monitoring system (COMS) reports and tampering with COMS equipment that a 1988 state permit required charges federal crimes. The court first rejects the...