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Brown v. Kerr-McGee Chem. Corp.

The court rules that the Atomic Energy Act (AEA) preempts a state law injunction requiring the removal of inseparable radioactive and nonradioactive materials in order to alleviate nonradioactive harm. The court first holds that the district court's refusal to grant an injunction ordering the remova...

Department of the Interior v. Elliot

The court holds that civil penalties assessed against a debtor in possession for postpetition violations of the Surface Mining Control and Reclamation Act are allowable as an administrative expense of preserving the estate under §§57(j) and 64(a) of the old Bankruptcy Act. The court holds that §5...

E.I. DuPont de Nemours & Co. v. Daggett

The court dismisses plaintiff's action to preliminarily enjoin for due process violations: (1) Environmental Protection Agency (EPA) issuance of an administrative monitoring order, pursuant to §3013 of the Resource Conservation and Recovery Act (RCRA) at a hazardous waste landfill; (2) EPA monitori...

Chesapeake Bay Found. v. Bethlehem Steel Corp.

The court rules that the five-year statute of limitations in 28 U.S.C. §2462 applies in citizen enforcement suits under the Federal Water Pollution Control Act (FWPCA) and that violations recorded in defendant's discharge monitoring reports (DMRs) are conclusive on the issue of liability except tho...

Citizen Advocates for Responsible Expansion v. Dole

The court holds that planners of the I-35W and I-30 highway expansions in Fort Worth violated the National Environmental Policy Act, the Department of Transportation (DOT) Act, and the Federal-Aid Highways Act (FAHA) when they transferred the "Overhead," a segment of the I-30 project, to the I-35W p...

Wagner Elec. Corp. v. Thomas

The court rules that §106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which makes persons violating cleanup orders potentially liable for punitive damages, incorporates a good-faith exemption and does not violate due process.
The court rules that it lacks...

Colorado v. ASARCO, Inc.

The court holds that the plaintiff's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost and natural resource damage claims are not barred and that the governor of Colorado properly authorized the state attorney general to bring the suit. The court first rule...

Chesapeake Bay Found. v. American Recovery Co.

The court dismisses as moot an appeal from district court decisions dismissing a citizen suit under the Federal Water Pollution Control Act (FWPCA) and denying citizen intervention in a subsequent federal enforcement suit, but notes that the citizen suit was neither barred by the government enforcem...

In re Dant & Russell, Inc.

The court holds that a lessor may not claim administrative priority for the costs of cleaning up a bankrupt lessee's hazardous waste site. The court first holds that a lease signed after the debtor filed for Chapter 11 bankruptcy is avoidable as an unauthorized postpetition transaction. A debtor may...

Commonwealth v. Scatena

The court holds that defendants were properly convicted of the Model Penal Code felony of risking a catastrophe on evidence that they discharged large quantities of hazardous wastes into an abandoned mine that drained into a major public water supply. The court holds that to be guilty of the offense...