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California v. Neville Chem. Co.

The Ninth Circuit holds that the statute-of-limitations period for bringing a suit for recovery of remedial action costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not accrue until after the final adoption of the remedial plan. The case arose after ...

California Dep't of Toxic Substances Control v. Chico, Cal., City of

The court holds that an insurer of a potentially responsible party (PRP) may not seek to impose joint and several liability against defendant PRPs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA allows those who "pay compensation" to anot...

Sierra Club v. EPA

The court rejects a challenge to U.S. Environmental Protection Agency (EPA) regulations governing the emission of hazardous air pollutants (HAPs) from primary copper smelters. After surveying the technology used at the various locations, EPA determined that copper smelters used particulate matter (P...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that a district court properly reviewed, and rejected as time barred, a request to reopen its decision relieving a potentially responsible party (PRP) of investigative and remediation costs under Rule 60(b)(2) of the Federal Rules of Civil Procedure. After the district court issued i...

Alaska Dep't of Envtl. Conservation v. EPA

The U.S. Supreme Court holds that the Clean Air Act (CAA) authorizes the U.S. Environmental Protection Agency (EPA) to stop construction of a major pollutant emitting facility permitted by a state authority when EPA finds that the authority’s best available control technology (BACT) determinati...

United States v. Needham

The court holds that because oil discharged from a facility spilled into waters adjacent to an open body of navigable water, it contaminated waters regulated by the federal government under the Oil Pollution Act (OPA), thereby triggering federal regulatory jurisdiction pursuant to that Act. The bank...

Virginia v. Maryland

The U.S. Supreme Court holds that an interstate compact, a 1785 agreement between Virginia and Maryland, and a subsequent arbitration award—the Black-Jenkins Award of 1877—(the Black-Jenkins Award) concerning water allocation rights have the force of legislation and supersede inconsistent ...

No Spray Coalition v. New York, City of

The court vacates and remands a district court ruling that the Clean Water Act's (CWA's) citizen suit provision does not apply to pesticide uses that comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). New York City had used three insecticides regulated under FIFRA to addres...

United States v. Consolidation Coal Co.

The court affirms a district court decision finding a chemical company liable in connection with the Buckeye Reclamation Landfill in Buckeye, Ohio, and determining its equitable share of past and future response costs for cleanup of the landfill to be 6%, but reverses and remands the district court'...

Northern Cal. River Watch v. Wilcox

The Ninth Circuit held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately owned wetlands. Under ESA §9(a)(2)(B), it is unlawful to remove, da...