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RSR Corp. v. Browner

The court affirms the U.S. Environmental Protection Agency's (EPA's) decision that production rate data a secondary lead smelting plant submitted to EPA under the Federal Water Pollution Control Act (FWPCA) are "effluent data" ineligible for confidential treatment under exemption 4 of the Freedom of...

South Fla. Water Management Dist. v. Montalvo

The court holds that customers who contracted with pesticide sprayers for aerial spraying services did not "otherwise arrange for" the disposal of pesticide wastes under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The sprayers sought contributio...

United States v. Reaves

The court holds that 28 U.S.C. §2462's five-year statute of limitations does not bar the government's civil penalty and injunctive relief claims against a landowner 13 years after the landowner's unpermitted discharge of dredged or fill materials into wetlands in alleged violation of the Federal Wa...

Tucson Airport Auth. v. General Dynamics Corp.

The court holds that it lacks jurisdiction over a company's claims to compel the U.S. government to defend the company in actions relating to groundwater contamination at the Tucson International Airport and to indemnify the company for liability, costs, and expenses it may incur in connection with ...

Silver v. Babbitt

The court holds that the U.S. Forest Service and the Bureau of Indian Affairs (BIA) violated Endangered Species Act (ESA) §7(a)(2) by failing to consult with the U.S. Fish and Wildlife Service (FWS) regarding management plans that may affect the threatened Mexican spotted owl and its critical habit...

Frilling v. Anna, Village of

The court holds that §505(b)(1)(B) of the Federal Water Pollution Control Act (FWPCA) does not bar a citizen suit against a village for unpermitted discharges of wastewater into Clay Creek in Anna, Ohio, and that plaintiffs' notice of intent to sue a company for related violations is insufficient. ...

Interstate Power Co. v. Kansas City Power & Light Co.

The court holds that a contractor that a property owner and a local municipality hired to perform demolition and construction activities on the property and who redistributed and spread existing contamination across the property and into a nearby stream is not liable under §107 of the Comprehensive...

Auto-Ion Litig. Group v. Auto-Ion Chems.

The court holds that the state of Michigan has Eleventh Amendment immunity from a Michigan city's third-party claims seeking contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and common-law indemnification for the city's cleanup costs at a site the...

Ogden Projects, Inc. v. New Morgan Landfill Co.

On reconsideration, the court holds that the owner and operator of a municipal solid waste landfill did not violate the Clean Air Act (CAA) by constructing and operating the landfill without obtaining a Part D permit. The landfill owner obtained a solid waste permit from the Pennsylvania Department ...

Conservation Law Found. v. Busey

The court affirms a district court dismissal of a Clean Air Act (CAA) §304 citizen suit involving the redevelopment of Pease Air Force base in New Hampshire. Plaintiffs in this action challenged the U.S. Air Force's decision to lease property at the base to a state agency created to acquire certain...