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National R.R. Passenger Corp. v. New York City Hous. Auth.

The court holds that a railroad alleged a prima facie claim for cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against private and public owners of buildings containing asbestos that allegedly flaked off onto the railroad's tracks and into the ...

Westlands Water Dist. v. Patterson

The court holds that the rights of two California county water districts to water allocations from the Central Valley Project (CVP) are inferior to the preexisting water allocation rights of parties who agreed not to exercise certain vested rights in exchange for substitute water. The districts chal...

Gould Inc. v. A&M Battery & Tire Serv.

The court holds that a party that settled its liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with the U.S. Environmental Protection Agency (EPA) may bring a claim against other potentially responsible parties (PRPs) for contribution under CERCLA §...

Fried v. Sungard Recovery Servs., Inc.

The court holds that it has subject matter jurisdiction over the claims of workers against their employers for alleged exposure to asbestos under the Clean Air Act (CAA), but not under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that the ...

California v. Celtor Chem. Corp.

The court holds that a material issue of fact precluding summary judgment exists as to whether the president of a chemical corporation is an "operator" liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the California Hazardous Substance Account Act (...

United Anglers v. Kaiser Sand & Gravel Co.

The court holds that a Federal Water Pollution Control Act (FWPCA) 60-day notice of intent to sue that a fishing group sent to a company provided the company with sufficient information to identify the locations and dates of the alleged violations. 40 C.F.R. §135.3(a) requires only that the notice ...

Plaskon Elec. Materials, Inc. v. Allied-Signal, Inc.

The court holds that corporations that manufactured plastics at a site they owned are owners or operaters within the meaning of §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but factual issues exist as to whether hazardous-substance disposal occur...

Knee Deep Cattle Co. v. Bindana Inv. Co.

The court holds that cattle breeders may not bring a Federal Water Pollution Control Act (FWPCA) §505 citizen suit for permit violations against operators of a sewage facility. The Oregon Department of Environmental Quality (DEQ) assessed the operators civil penalties for past violations and entere...

Mountain States Legal Found. v. Glickman

The court holds that groups representing timber interests lack standing to challenge the U.S. Forest Service's selected management alternative for 360 timber-harvest units in the Upper Yaak River Area of the Kootenai National Forest. The groups claimed that the selected alternative, Alternative 9A, ...

Cate v. Transcontinental Gas Pipe Line Corp.

Adopting the recommendation of a magistrate, the court holds that owners of property adjacent to a facility that emitted nitrogen dioxide (NO2) may not maintain a Clean Air Act (CAA) citizen suit against the facility for its alleged violations of the national ambient air quality standard (NAAQS) for...