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Rural Water Dist. No. 1 v. Wilson, Kan., City of

The court affirms in part and remands in part a district court decision that although a city was encroaching on a water district's service area, the water district was not making service available because it was charging customers to build the water system infrastructure. The water district borrowed...

United States v. W.R. Grace & Co.

The court holds that the U.S. Environmental Protection Agency (EPA) should be granted access to three sites involved in an asbestos contamination investigation to determine the need for response, to determine the appropriate response, and to effectuate response actions. The owner of the sites grante...

Waste Management of Alameda County, Inc. v. East Bay Reg'l Park Dist.

The court holds that a waste management company is predominately responsible for leachate contamination at a municipal landfill site it covered and transferred to a park district and that the company's cleanup efforts failed to comply with the national contingency plan (NCP). Considering the economi...

Rural Kootenai Org., Inc. v. Bd. of Comm'rs

The Idaho Supreme Court held that a county planning board's failure to determine the ownership of submerged land located in a wildlife sanctuary, which was designated in a planned unit development (PUD), before approving the PUD violated the county zoning ordinance. The court first holds that the bo...

Riverview Farm Assocs. Va. Gen. Partnership v. Commonwealth

The court holds that the doctrine of sovereign immunity did not bar appeal of a state water control board permit modification. The board granted a permit modification for a dredge and fill operation after providing a public comment period and denying a hearing. On appeal, the board argued that sover...

United States v. New York, City of

The court affirms a district court decision denying a citizen group's motion to intervene in settlement discussions between the U.S. Environmental Protection Agency (EPA) and a state. EPA brought a suit against the city of New York to compel the city to provide filtration treatment for the Croton wa...

Rice v. Harken Exploration Co.

The court affirms a district court's grant of summary judgment to an oil company on landowners' claims that the company discharged oil into or upon navigable waters in violation of the Oil Pollution Act (OPA). The landowners claimed that surface water on their property was contaminated in violation ...

Rogers Corp. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) erred in affirming an administrative law judge's (ALJ's) accelerated decision finding a company liable for violating the Toxic Substances Control Act (TSCA). EPA filed suit against the company after...

Rith Energy, Inc. v. United States

The court holds that the U.S. Department of the Interior's (DOI's) suspension of a mining company's permits did not constitute a taking in violation of the Takings Clause of the Fifth Amendment. The company acquired permits to conduct coal mining on property in Tennessee. After the company mined for...

Rith Energy, Inc. v. United States

The court denies a mining company's petition for rehearing in light of the U.S. Supreme Court's decision in Palazzolo v. Rhode Island, 121 S. Ct. 2448 (2001), a takings case. The court previously held that the revocation of the company's mining permit did not constitute a taking for which it is enti...