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New York v. Almy Bros., Inc.

The court holds that sellers of adjoining parcels of land later discovered to be contaminated with pesticides that leaked from drums that the sellers left on the site are liable as owners and operators under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CE...

New York v. Lashins Arcade Co.

The court holds that the current owner of a site contaminated by two dry cleaning tenants of a prior owner is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs the state of New York incurred at the site. The property changed hands ...

New York v. Lashins Arcade Co.

The court holds that both the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Seventh Amendment to the U.S. Constitution provide a defendant in a CERCLA §107 cost recovery action the right to a jury trial. The court first holds that Congress intended there to ...

New York v. Panex Indus., Inc.

The court refuses to issue a preliminary injunction that would effectively freeze the assets of the liquidation trustees of a Delaware company that allegedly disposed of hazardous wastes at a New York landfill. After New York sued under state law and the Comprehensive Environmental Response, Compens...

New York v. Solvent Chem. Co.

The court denies a third-party defendant's motion to dismiss amended third-party complaints in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action regarding a contaminated site in Niagara Falls, New York. The third-party complaints allege, in part, that the third-...

N.H. Motor Transp. v. Plaistow, Town of

The court holds that enforcing a town's ordinance through a county court decree permanently restricting truck access to a loading terminal to nighttime hours does not violate the Surface Transportation Assistance Act (STAA), 49 U.S.C. app. §2312, the Hazardous Materials Transportation Uniform Safet...

North Carolina v. W.R. Peele Sr. Trust

The court holds that a contaminated site's former corporate owner, which failed to dissolve in compliance with state law, is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs the state incurred in cleaning up the site. The court first ...

Northwest Envtl. Advocates v. Portland, City of

The court holds that §505 of the Federal Water Pollution Control Act (FWPCA) authorizes an environmental group to enforce state water quality standards that are conditions of Portland, Oregon's, national pollutant discharge elimination system (NPDES) permit and were violated during combined sewer o...

Orange Env't v. Orange, County of

The court holds that §309(g)(6)(A) of the Federal Water Pollution Control Act (FWPCA) precludes citizen groups from seeking civil penalties against a county landfill for allegedly illegally discharging hazardous pollutants into water without a permit, but does not preclude the groups from seeking i...

Oregon Natural Resources Council v. BLM

The court holds that in an environmental group's National Environmental Policy Act (NEPA) challenge, the Bureau of Reclamation's maintenance of water levels in lakes and spraying of herbicides in canals at the Klamath Irrigation Project in Oregon are not final agency actions ripe for review under th...