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United States v. Montrose Chem. Corp. of Cal.

In one of the first suits the federal government filed for natural resource damages under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court enters a proposed consent decree requiring two corporate defendants to pay $12 million to the United States...

United States v. New York, City of

The court holds that a municipal taxpayer has standing to challenge municipal expenditures as unlawful, even though there is no likelihood that resulting savings will inure to the benefit of the taxpayer. New York City, in order to meet the requirements of its federal consent decree under the Ocean ...

United States v. N. Adams, City of

The court holds that a Massachusetts city violated federal drinking water standards for turbidity, coliform bacteria, and monitoring under the Safe Drinking Water Act (SDWA), and adopts a federal magistrate judge's report recommending summary judgment for the government. The court first holds that t...

United States v. Ownbey Enters., Inc.

The court holds that a Resource Conservation and Recovery Act (RCRA) consent order to ameliorate groundwater contamination between the U.S. Environmental Protection Agency (EPA) and a small oil company operating underground storage tanks (USTs) is within EPA's jurisdiction and is not arbitrary or ca...

United States v. Paternostro

The court holds that dividing a landowner's continuing offense into two convictions for failing to obtain an Army Corps of Engineers' permit for a water slide platform does not violate the Double Jeopardy Clause of the U.S. Constitution. The landowner was convicted and fined $400 for failing to obta...

United States v. Pozsgai

The court upholds a three-year prison sentence and $200,000 fine against an individual that filled wetlands without a Federal Water Pollution Control Act (FWPCA) §404 permit. The Corps of Engineers notified the defendant that his property contained wetlands and that filling was illegal without a pe...

United States v. Pozsgai

In an unpublished decision, the court affirms the district court's imposition of a prison term on an individual for depositing fill in wetlands without a Federal Water Pollution Control Act §404 permit, but remands for reconsideration of the fine. The court first holds that it has jurisdiction to r...

United States v. Pozsgai

In a bench opinion, the court reduces a criminal fine imposed on an individual for unauthorized filling of wetlands in violation of §404 of the Federal Water Pollution Control Act (FWPCA) from $200,000 to $5,000. The defendant continued filling wetlands despite repeated government warnings that the...

United States v. Pretty Prods., Inc.

The court holds that contribution claims under state and federal law by a nonsettling potentially responsible party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against a city that entered into a settlement with the United States are barred by CERCLA...

United States v. Production Plated Plastics, Inc.

The court holds that injunctive relief is appropriate at the summary judgment stage when evidence clearly establishes the plaintiff's right to an injunction, the defendant's actions are directly at odds with the stated purpose of particular environmental legislation (Resource Conservation and Recove...