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Concerned Citizens of Bridesburg v. Philadelphia Water Dep't

The court holds that the district court had subject matter jurisdiction over a Clean Air Act citizen suit alleging that a Philadelphia sewage treatment plant violated odor regulations in the Pennsylvania state implementation plan (SIP) and properly held Philadelphia in civil contempt for violating a...

Artesian Water Co. v. Government of New Castle County

The court holds a county that owns a solid waste disposal site liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 to a water utility for its expenses to monitor groundwater contamination from the site, ruling that causation is determined under a "substa...

Brewer v. Ravan

The court rules that the costs of medical testing and screening to assess the effect of a release of hazardous substances on public health or to identify potential public health problems are recoverable response costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liab...

Atlantic States Legal Found. v. Koch Ref. Co.

The court holds that plaintiffs' citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) is not precluded by a subsequently filed federal enforcement action, and that the discovery and pretrial motions of the two actions will be consolidated. The court first holds that the federa...

Continental Ins. Cos. v. Northeastern Pharmaceutical & Chem. Co.

The court holds that the term "damages" in the standard comprehensive general liability policy does not include cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). This is a rehearing en banc of...

Cabot Corp. v. EPA

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars a citizen suit by potentially responsible parties (PRPs) challenging the Environmental Protection Agency's (EPA's) remedial action at the Moyer's landfill site in Pennsylvania. Th...

Bowles v. Corps of Eng'rs

The court holds that the Corps of Engineers' decision to deny a dredge and fill permit under §404 of the Federal Water Pollution Control Act was not arbitrary and capricious. The district court properly found that he Corps' decision was not in retaliation for plaintiff's constitutionally protected ...

In re Applicability of ECRA to the Robert L. Mitchell Technical Ctr.

The court holds that a research and development facility is subject to the requirements of the New Jersey Environmental Cleanup Responsibility Act (ECRA) as an auxiliary facility to a manufacturing establishment. The research facility falls within the Standard Industrial Classification Manual's defi...

California v. Department of the Navy

The court holds that only the Environmental Protection Agency (EPA) can assess civil penalties under Federal Water Pollution Control Act (FWPCA) §309(d), and FWPCA §313 does not waive the federal government's sovereign immunity from state civil penalties. California had sought civil penalties unde...

Woodland Private Study Group v. New Jersey Dep't of Envtl. Protection

The court holds that a claim that the New Jersey Spill Compensation and Control Act violates federal due process is moot, since all parties agree that intervening decisions by the New Jersey Supreme Court have modified the Act to comply with due process.
[The district court decision appears at 16 E...