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Redwing Carriers, Inc. v. Saraland Apartments, Ltd.

The court holds that the former owner of contaminated property may not recover under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs it incurred cleaning up the site from the limited partnership that currently owns the site, the partnership's general...

Reich v. Sea Sprite Boat Co.

The court holds that a boat manufacturer must pay a $1,452,000 civil penalty for its two-year failure to comply with a judicial order requiring it to spray organic peroxides only in a booth equipped with a sprinkler system, as the Occupational Safety and Health (OSH) Act and 29 C.F.R. §1910.107(m)(...

Reichhold Chems., Inc. v. Textron, Inc.

The court holds that the exclusive remedy for a private potentially responsible party (PRP) seeking contribution from other private PRPs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs incurred at an industrial site in Pensacola, Florida, is...

Roberson v. E.I. DuPont de Nemours & Co.

The court holds that Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) §24(b) preempts orchard owners' state-law claims against a fungicide manufacturer premised on failure to warn and inadequate labeling or packaging, but that the manufacturer may be estopped from asserting preemption if...

Satterfield v. J.M. Huber Corp.

The court dismisses Clean Air Act (CAA) citizen suit claims that a plant owner violated the CAA by failing to obtain a prevention of significant deterioration (PSD) permit before building its plant and by exceeding the emissions levels of its 1988 permit and 1991 draft permit. The court first holds ...

Save Our Health Org. v. Recomp of Minn., Inc.

The court affirms a district court decision that the operator of a mixed municipal solid waste composting facility did not violate the odor limits of the Minnesota state implementation plan (SIP). The court first holds that it has jurisdiction over the citizen suit under §304 of the Clean Air Act (...

Seattle Audubon Soc'y v. Lyons

The court upholds a forest management plan that the U.S. Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) prepared for 24.5 million acres in Washington, Oregon, and northern California that are within the geographic range of the northern spotted owl. The court first hol...

Seger v. Dow Chem. Co.

The court holds that §24(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an individual's claim against a maufacturer of a wood-treatment product for strict liability for defective design, but may not prempts a claim for negligent manufacturing. The court first holds t...

Sierra Club v. Espy

The court vacates a district court preliminary injunction under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) barring the U.S. Forest Service from conducting even-aged management in any of the four national forests in Texas and from proceeding with nine t...

Sierra Club v. Marita

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA), the National Environmental Policy Act (NEPA), the Multiple-Use Sustained-Yield Act (MUSYA), or regulations thereunder in developing a management plan for the Nicolet National Forest in Wisconsin. ...