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United States v. Vermont Am. Corp.

The court holds that a company that purchased the assets and assumed some of the liabilities of another company is not liable as a successor corporation under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs the federal government incurre...

United States v. Vertac Chem. Corp.

The court holds that the U.S. government is not liable as an operator or arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs arising from the cleanup of dioxin and other waste from a private defendant's production of Agent Orange for t...

United States v. Witco Corp.

The court holds that §113(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act does not bar a nonsettling party's third-party claim for contribution against a party that entered into a consent decree with the U.S. Environmental Protection Agency resolving its liability...

In re Virginia Beach, City of

The court denies a petition for a writ of mandamus that would require the Federal Energy Regulatory Commission (FERC) to enter a final decision on a power utility's application for approval to transfer easements to the city of Virginia Beach, Virginia, for a water pipeline from Lake Gaston to the ci...

Washington Wilderness Coalition v. Hecla Mining Co.

The court holds that it has subject matter jurisdiction over a citizen suit that environmental organizations brought against a mining company that allegedly violated the Federal Water Pollution Control Act (FWPCA) by discharging contaminated waste water that seeps and leaches from its tailings ponds...

In re Water Right Claim No. 1927-2

The South Dakota Supreme Court holds that appropriation of water for waterflow habitat and other wildlife is a beneficial use. The court affirms a state circuit court decision upholding the South Dakota Water Management Board's (the Board's) grant of two water right permits to the U.S. Fish and Wild...

Welch v. Board of Supervisors

The magistrate judge holds that the Federal Water Pollution Control Act (FWPCA) does not preempt an amendment to a county ordinance that prohibits the application of sewage sludge on agricultural lands. The magistrate judge first holds that the FWPCA does not expressly preempt the amendment. FWPCA �...

Wilderness Soc'y v. Alcock

The court holds that environmental groups lack standing to challenge the U.S. Forest Service's 1986 land and resource management plan (LRMP) for the Cherokee National Forest in eastern Tennessee. The LRMP includes a 10-year timber sale action plan that sets out targeted harvest yields for specific g...

Winston v. Shell Oil Co.

The court holds that co-executors of a landlord's estate may not bring a citizen suit under the Resource Conservation and Recovery Act (RCRA) against its tenants for property damage resulting from releases of petroleum from underground storage tanks (USTs). The tenants operated a gasoline station on...

York Ctr. Park Dist. v. Krilich

The court vacates and remands a district court judgment that two development companies committed trespass and conversion by dredging and filling wetlands on the border between a private development and a park and by draining water from a park lake. The court holds that the judgment against the two c...