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Puerto Rico Aqueduct & Sewer Auth. v. EPA

The court holds that the Environmental Appeals Board (EAB) committed no procedural or substantive error in refusing to grant a publicly owned treatment works' (POTW's) request for an evidentiary hearing to challenge the requirement that it meet secondary treatment levels under the Federal Water Poll...

Pure Waters v. Michigan Dep't of Natural Resources

The court refuses to issue a temporary restraining order to halt the construction of a sewer overflow retention basin in Birmingham, Michigan. The court notes that plaintiff citizens group is seeking to substitute a system of separated sewers for the basin. The court finds that defendants considered...

Pure Waters v. Michigan Dep't of Natural Resources

The court holds that the Michigan Department of Natural Resources (MDNR) and various county and city agencies did not violate the National Environmental Policy Act (NEPA) or the Michigan Environmental Protection Act (MEPA) in approving a retention basin that will impound the city's combined sewer ov...

Redland Soccer Club, Inc. v. Department of the Army

The court reverses a district court grant of summary judgment for the government on two child plaintiffs' tort law claims that their illnesses were caused by exposure to toxic substances that the U.S. Army deposited at a landfill that was later converted into a soccer field on which they played. The...

Redwing Carriers, Inc. v. Saraland Apartments, Ltd.

The court holds that the former owner of contaminated property may not recover under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs it incurred cleaning up the site from the limited partnership that currently owns the site, the partnership's general...

Reich v. Sea Sprite Boat Co.

The court holds that a boat manufacturer must pay a $1,452,000 civil penalty for its two-year failure to comply with a judicial order requiring it to spray organic peroxides only in a booth equipped with a sprinkler system, as the Occupational Safety and Health (OSH) Act and 29 C.F.R. §1910.107(m)(...

Reichhold Chems., Inc. v. Textron, Inc.

The court holds that the exclusive remedy for a private potentially responsible party (PRP) seeking contribution from other private PRPs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs incurred at an industrial site in Pensacola, Florida, is...

Roberson v. E.I. DuPont de Nemours & Co.

The court holds that Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) §24(b) preempts orchard owners' state-law claims against a fungicide manufacturer premised on failure to warn and inadequate labeling or packaging, but that the manufacturer may be estopped from asserting preemption if...

Satterfield v. J.M. Huber Corp.

The court dismisses Clean Air Act (CAA) citizen suit claims that a plant owner violated the CAA by failing to obtain a prevention of significant deterioration (PSD) permit before building its plant and by exceeding the emissions levels of its 1988 permit and 1991 draft permit. The court first holds ...

Save Our Health Org. v. Recomp of Minn., Inc.

The court affirms a district court decision that the operator of a mixed municipal solid waste composting facility did not violate the odor limits of the Minnesota state implementation plan (SIP). The court first holds that it has jurisdiction over the citizen suit under §304 of the Clean Air Act (...