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Pennsylvania Coal Ass'n v. Babbitt

The court holds that the Office of Surface Mining Reclamation and Enforcement and the U.S. Department of the Interior (DOI) did not act arbitrarily or capriciously in approving amendments to Pennsylvania's surface mining regulatory program that eliminate the "willfully and knowingly" scienter requir...

Molokai Chamber of Commerce v. Kukui (Molokai), Inc.

The court holds that unpermitted stormwater discharges emanating from the halted construction of a nine-mile-long water transmission pipeline are "ongoing violations" of the Federal Water Pollution Control Act (FWPCA) subject to citizen suit. The court first holds that the Hawaii regulations regardi...

Prisco v. New York

The court holds that genuine issues of material fact preclude summary judgment on landowners' claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) against waste haulers that deposited waste at a landfill...

National Mining Ass'n v. Department of the Interior

The court affirms a district court decision upholding the U.S. Department of the Interior's (DOI's) denial of a petition to repeal a Surface Mining Control and Reclamation Act (SMCRA) regulation permitting DOI to issue notices of violation (NOVs) to mine operators in primacy states. The court first ...

Union Carbide Corp. v. Thiokol Corp.

The court holds that the past owner of a contaminated site is liable to the current owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for investigatory costs the current owner incurred at the site's solid waste management units (SWMUs). The court first ho...

Prisco v. New York

The court holds that genuine issues of material fact preclude summary judgment on a landowner's claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against New York State and state officials in connection with the dumping of waste at a landfill on her prop...

In re Reading Co.

The court holds that parties liable to the United States under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may not assert §113(f) contribution claims against the successor to a railroad whose CERCLA §107 liability to the government was discharged in bankruptc...

Penn Cent. Corp. v. United States

The court holds that the Regional Rail Reorganization Act of 1973 does not bar the U.S. government from pursuing a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against railroad companies that are successors to the former owners of cont...

Graham Oil Co. v. BP Oil Co.

The court rules on several motions to dismiss a landlord's statutory and tort claims against a prior tenant that operated a gasoline station and three 10,000-gallon underground storage tanks that allegedly contaminated the site. The court first denies the tenant's motion to dismiss portions of the l...

Environment Now! v. Espy

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by not preparing an environmental impact statement (EIS) before selling timber in the Fish Creek Drainage area of the Sequoia National Forest, and denies a preliminary injunction against cutting...