Upsher v. Grosse Pointe Public School System
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The court holds that all of an individual's claims for damages are based on a pesticide's label and are, therefore, preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). After applying the pesticide to his horses over a six-week period, the individual developed acquired aplas...
The court upholds a U.S. Environmental Protection Agency (EPA) regulation extending Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) §6(a)(2), which requires that pesticide registrants report to EPA on an ongoing basis factual information regarding a pesticide's unreasonable adverse effe...
The court dismisses a soybean association's lawsuit against the U.S. Environmental Protection Agency (EPA) challenging its approval of Missouri's 1998 Clean Water Act §303(d) list of impaired waters. The association argued that the Agency should have disapproved the state's list of pollution-impair...
The court upholds the U.S. Environmental Protection Agency's (EPA's) promulgation of national ambient air quality standards (NAAQS) for ozone and for particulate matter having an aerodynamic diameter of 2.5 microns of less (PM2.5) against challenges from industry and environmental groups that the NA...
The court holds that a corporation that was an independently contracted carrier of various industrial materials and substances was not a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for environmental contamination caused by a ...
A district court denied the U.S. government's request to deny a landowner's Equal Access to Justice Act (EAJA) petition for attorney fees accrued while contesting a government suit seeking access to his property under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...
The court reverses a district court holding that an environmental group's National Environmental Policy Act (NEPA) claims against the U.S. Bureau of Land Management (BLM) were not ripe and that an environmental impact statement (EIS) prepared for the Coos Bay Resource Management Plan (RMP) for the C...
The court affirms a district court grant of summary judgment in favor of two Rio Grande Valley irrigation project water districts who claimed that they were owed revenues under §4-I of the Reclamation Act notwithstanding a 1939 amendment to the Act. The government argued that the amendment terminat...
The court dismisses a landowner's Resource Conservation and Recovery Act (RCRA) claims against a neighboring service station for failing to investigate and remediate possible contamination on the landowner's property and for failing to reimburse the landowner for past investigation and remediation c...