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Narragansett Indian Tribe of R.I. v. Narragansett Elec. Co.

The court holds that a housing project on land owned by a Native American tribe is "Indian country" that Rhode Island may regulate under the Coastal Zone Management Act (CZMA), but not under the Federal Water Pollution Control Act (FWPCA) or the Safe Drinking Water Act (SDWA). Defendant-intervenors ...

New York v. Solvent Chem. Co.

The court dismisses third-party claims that past owners and operators of a contaminated site asserted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against a New York city that had owned the site. The court first holds that the third-party complaints fail t...

Arizona v. Nucor Corp.

The court affirms a district court's approval of a settlement agreement between the state of Arizona and a potentially responsible party (PRP) at the West Central Phoenix State Superfund Study Area. The agreement resolves the PRP's Comprehensive Environmental Response, Compensation, and Liability Ac...

Public Interest Research Group of N.J. v. Federal Highway Admin.

The court holds that the New Jersey Department of Transportation (NJDOT) need not prepare an environmental assessment (EA) or an environmental impact statement (EIS) for the construction of two high-occupancy vehicle lanes along Route 287 in New Jersey. The NJDOT applied for a categorical exclusion ...

Thomas v. FAG Bearings Corp.

The court holds that the involuntary joinder of a state environmental agency by a bearings manufacturer sued for remediation costs of groundwater contamination is a suit against a state, which violates the Eleventh Amendment to the U.S. Constitution. Local residents sued the manufacturer to recover ...

United States v. TIC Inv. Corp.

The court affirms a district court decision that the chairman of a farm implement manufacturer that contracted for the disposal of its waste at a dumpsite is liable as an arranger under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first...

Pennsylvania Coal Ass'n v. Babbitt

The court holds that the Office of Surface Mining Reclamation and Enforcement and the U.S. Department of the Interior (DOI) did not act arbitrarily or capriciously in approving amendments to Pennsylvania's surface mining regulatory program that eliminate the "willfully and knowingly" scienter requir...

Molokai Chamber of Commerce v. Kukui (Molokai), Inc.

The court holds that unpermitted stormwater discharges emanating from the halted construction of a nine-mile-long water transmission pipeline are "ongoing violations" of the Federal Water Pollution Control Act (FWPCA) subject to citizen suit. The court first holds that the Hawaii regulations regardi...

Prisco v. New York

The court holds that genuine issues of material fact preclude summary judgment on landowners' claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) against waste haulers that deposited waste at a landfill...

National Mining Ass'n v. Department of the Interior

The court affirms a district court decision upholding the U.S. Department of the Interior's (DOI's) denial of a petition to repeal a Surface Mining Control and Reclamation Act (SMCRA) regulation permitting DOI to issue notices of violation (NOVs) to mine operators in primacy states. The court first ...