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B.F. Goodrich Co. v. Murtha

The court upholds a district court decision that municipalities are not exempt from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the disposal of municipal solid waste (MSW) that contains hazardous substances. The court initially holds that mu...

Bill Kettlewell Excavating, Inc. v. St. Clair County Health Dep't

The court holds that the lower court erred in ruling that the sale of the stock of a company operating a state-licensed landfill facility required the company to apply for a new license, or to seek approval from the Michigan Department of Natural Resources (DNR), before further importation and dispo...

Boise Cascade Corp. v. EPA

The court holds that it lacks jurisdiction over the U.S. Environmental Protection Agency's (EPA's) approval of the California and Oregon individual control strategies adopted under §304(l) of the Federal Water Pollution Control Act (FWPCA) to address toxic pollutant discharges in water segments in ...

Bubala v. Lujan

The court upholds a decision of the Department of the Interior's Board of Land Appeals (IBLA) rejecting a noncompetitive oil and gas lease offer for federal land. Applying Mineral Lands Leasing Act §226(b)(1), the IBLA determined that the type of land in question be leased only through competitive ...

Cash Energy, Inc. v. Weiner

The court holds that a complaint by condominium project developers against corporate officers for their alleged failure to inform the developers of contamination on the corporation's property fails to state a cause of action under the Comprehensive Environmental Response, Compensation, and Liability...

Chemical Specialties Mfrs. Ass'n v. Allenby

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Hazardous Substances Act (FHSA) do not preempt a California law that requires manufacturers of products listed by the state as carcinogenic or reproductively toxic to provide adequate warnings to the...

ABB Indus. Sys., Inc. v. Prime Tech., Inc.

The court dismisses a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), negligence, and contract claims against two companies that allegedly contaminated the owner's property while the property was under th...

Clinton County Comm'rs v. EPA

The court holds that the district court lacked jurisdiction to enjoin the U.S. Environmental Protection Agency (EPA) from proceeding with a trial burn and incineration remedy at a hazardous waste site in Lock Haven, Pennsylvania. The court first holds that Congress intended to preclude all citizen s...

United States v. Vertac Chem. Corp.

The court holds that claims brought by potentially responsible parties (PRPs) are Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution actions,not §107 cost recovery actions; that jury verdicts in cost recovery actions are merely advisory; that a company...

A-C Reorganization Trust v. E.I. DuPont de Nemours & Co.

The court grants plaintiffs' motion to amend their complaint to add a claim for injunctive relief against chemical manufacturers under the citizen suit provision of the Resource Conservation and Recovery Act (RCRA), because there is no statute of limitations applicable to that claim and the claim is...