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Environmental Defense Fund v. Thomas

The court rules that Office of Management and Budget (OMB) review, under Executive Order No. 12291, of proposed Environmental Protection Agency (EPA) rules implementing the Resource Conservation and Recovery Act (RCRA) must cease in time to allow EPA to meet statutory deadlines. The court first rule...

Wheaton Indus. v. EPA

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars CERCLA or Administrative Procedure Act (APA) judicial review of a proposed remedial investigation/feasibility study (RI/FS) conducted under CERCLA §104 prior to a cost recovery action. The c...

Bendick v. Picillo

The court holds that it does not have personal jurisdiction under state law over a non-resider corporation and university that generated hazardous waste disposed of in Rhode Island. The court first holds that Rhode Island's jurisdiction statute allows the state to assert personal jurisdiction over n...

Boonton, Mayor of v. Drew Chem. Corp.

The court rules that a municipality may be a "state" for purposes of recovery under §107(a)(4)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that CERCLA authorizes recovery of preenactment response costs. The court first rules that municipalities may r...

Bradley v. American Smelting & Ref. Co.

The court rules that an action in trespass is appropriate in a case where air pollution particulate matter has interfered with a party's exclusive possession of his property. The court first holds that since defendant must have known with substantial certainty that its emissions would contaminate su...

Wagner Seed Co. v. Dagget

The court rules that the recipient of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 order is not entitled to preenforcement review of the validity of its alleged Act-of-God defense, but is entitled to review of two of its constitutional claims. A building in ...

Commonwealth v. York County Solid Waste & Refuse Auth.

The court holds that parties that intervened in a consent decree between the Pennsylvania Department of Environmental Resources and a landfill owner and negotiated significant improvements to the decree in favor of area residents are entitled to attorney fees and costs under §601(8) of Pennsylvania...

Wehner v. Syntex Corp.

In an action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act to recover response costs from the corporate parent of a hazardous substance generator, the court holds that the parent corporation is not entitled to summary judgment on jurisdictional grounds. Ini...

Idaho v. Howmet Turbine Component Corp.

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies to actions alleging liability under §107 and is jurisdictional absent substantial compliance. The court first holds that plaintiff's action un...

California ex rel. State Air Resources Bd. v. EPA

The court upholds the Environmental Protection Agency's (EPA's) approval under the Clean Air Act of California and Nevada state implementation plans (SIPs) for the carbon monoxide nonattainment area surrounding Lake Tahoe. Faced with challenges by each state to the other's SIP, the court first holds...