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Utah v. Kennecott Corp.

The court holds that it lacks jurisdiction to review a district court's order denying a motion to approve and enter a consent decree that would settle Utah's claim under the Comprehensive Environmental Response, Compensation, and Liability Act against a mining operator for natural resource damages r...

Velsicol Chem. Corp. v. Enenco, Inc.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(g)(2)'s limitations provision does not apply retroactively to bar a CERCLA §107 cost recovery claim where the claim had accrued but was not filed before the limitations provision was enacte...

In re Virginia Builders

The court holds that a bank's environmental remediation costs, which stem from its cleanup of contaminated property in which it held a security interest, are entitled to administrative expense priority under Bankruptcy Code §503(b)(1)(A) in the debtor's Chapter 11 bankruptcy proceeding. The court f...

Washington Pub. Interest Research Group v. Pendleton Woolen Mills

The court holds that §309(g) of the Federal Water Pollution Control Act does not bar a citizen suit against a party violating the Act when the U.S. Environmental Protection Agency has issued a compliance order against the party but has not sought administrative penalties. The court finds the statut...

Washington Trout v. Scab Rock Feeders

The court holds that plaintiffs failed to comply with the notice requirements of the citizen suit provision of the Federal Water Pollution Control Act (FWPCA) by sending defendant a letter informing him that a named individual "and others," none of whom is a plaintiff in this litigation, intended to...

Westfarm Assocs. v. International Fabricare Inst.

The court holds that a dry cleaning trade association and a state sewage commission are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred by the owner of land contaminated with perchloroethylene (PCE). The trade association di...

Westlands Water Dist. v. Firebaugh Canal

The court holds that the Act authorizing the San Luis Unit of the Central Valley Project in California, and the U.S. Bureau of Reclamation's (the Bureau) contracts with irrigation water providers to implement terms of the Act, do not prohibit the Bureau from diverting water from the San Luis Reservo...

Wisconsin Pub. Serv. Corp. v. Federal Energy Regulatory Comm'n

The court upholds the Federal Energy Regulatory Commission's (FERC's) authority under the Federal Power Act (FPA) to include "reopener" clauses in water power project licenses that allow the agency to require licensees to construct and maintain fishways that the Secretary of the Interior might presc...

Wright v. Dow Chem., U.S.A.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FI-FRA) §136v(b) preempts state-law claims of defective marketing and failure to warn by homeowners who were allegedly injured by exposure to pesticides applied in their home by a licensed pest control company. The court ...

New York, City of v. Chemical Waste Disposal Corp.

The court holds that a city is not entitled to the statutory presumption afforded to states and other entities under §107(a)(4)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that its response costs are consistent with the national contingency plan (NCP), a...