The court holds that a material issue of fact precluding summary judgment exists as to whether the president of a chemical corporation is an "operator" liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the California Hazardous Substance Account Act (...

The court holds that a Federal Water Pollution Control Act (FWPCA) 60-day notice of intent to sue that a fishing group sent to a company provided the company with sufficient information to identify the locations and dates of the alleged violations. 40 C.F.R. §135.3(a) requires only that the notice ...

The court holds that corporations that manufactured plastics at a site they owned are owners or operaters within the meaning of §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but factual issues exist as to whether hazardous-substance disposal occur...

The court holds that cattle breeders may not bring a Federal Water Pollution Control Act (FWPCA) §505 citizen suit for permit violations against operators of a sewage facility. The Oregon Department of Environmental Quality (DEQ) assessed the operators civil penalties for past violations and entere...

The court holds that groups representing timber interests lack standing to challenge the U.S. Forest Service's selected management alternative for 360 timber-harvest units in the Upper Yaak River Area of the Kootenai National Forest. The groups claimed that the selected alternative, Alternative 9A, ...

Adopting the recommendation of a magistrate, the court holds that owners of property adjacent to a facility that emitted nitrogen dioxide (NO2) may not maintain a Clean Air Act (CAA) citizen suit against the facility for its alleged violations of the national ambient air quality standard (NAAQS) for...

The court holds that a plaintiff in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action can satisfy its burden of showing that a facility contains hazardous substances generated by a given defendant with circumstantial evidence that such substances we...

The court holds that a plaintiff city's notice letter complied with the notice requirements of §505(b)(1)(A) of the Federal Water Pollution Control Act (FWPCA) and the regulatory notice requirements set forth in 40 C.F.R. §135.3(a). The court first holds that the city's allegations that a develope...

The court holds that a plaintiff city challenging the sufficiency of a developer's stormwater pollution prevention plan (SWPPP) under the state pollution discharge elimination system general permit failed to prove that the SWPPP's stormwater runoff and erosion control measures violate the general pe...

The court holds that an operator of a landfill with the potential to emit enough volatile organic compounds (VOCs) to be classified as a major stationary source under the Clean Air Act (CAA), violated the Act by constructing and operating the landfill without obtaining a CAA Part D permit. A Pennsyl...