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Public Interest Research Group of N.J. v. Hercules, Inc.

The court holds that a Federal Water Pollution Control Act (FWPCA) §505 citizen suit notice letter contained sufficient information to allow identification of a chemical company's violations of its national pollutant discharge elimination system (NPDES) permits not noticed in the letter but subsequ...

City Management Corp. v. U.S. Chem. Co.

The court holds that the purchaser of the assets of a company that disposed of hazardous waste at a Michigan landfill is not liable as a successor corporation for the seller's off-site liabilities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), even though t...

Clean Ocean Action v. York

The court holds that environmental, fishing, and boating groups challenging a Marine Protection, Research, and Sanctuaries Act (MPRSA) permit to dump dioxin-contaminated sediment in an ocean disposal site are unlikely to prevail on the merits of their claim that the U.S. Army Corps of Engineers (Cor...

Coalition for Health Concern v. LWD, Inc.

The court holds that a district court should have dismissed, under the abstention doctrine set forth in Burford v. Sun Oil Co., 319 U.S. 315 (1943), environmental groups' claims under §7002(a)(1)(A) of the Resource Conservation and Recovery Act (RCRA) that a company is violating state law and RCRA ...

Douglas County v. Gould, Inc.

The court holds that a company that sold lead plates it reclaimed from spent batteries to a lead smelter did not "otherwise arrange for disposal or treatment" of the lead within the meaning of §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The cour...

Earth Island Inst. v. Brown

The court enjoins commercial fishers' incidental taking of northeastern offshore spotted dolphin while using purse seine nets to catch yellowfin tuna in the eastern tropical Pacific Ocean because the Marine Mammal Protection Act (MMPA) and the general permit under which the fishers operate prohibit ...

Ekotek Site PRP Comm. v. Self

The court denies motions to dismiss and for summary judgment on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability of several companies that sent used oil containing hazardous substances to a used motor-oil refinery in Salt Lake City, Utah. The court first h...

Elf Atochem N. Am., Inc. v. United States

The court holds that an indemnity clause of an agreement under which a chemical manufacturer leased machinery from a federal agency does not indemnify the United States from a contribution claim by the company's successor under the Comprehensive Environmental Response, Compensation, and Liability Ac...

Elf Atochem N. Am., Inc. v. United States

The court holds that it will review the adequacy of response actions the U.S. Environmental Protection Agency (EPA) selected in connection with the cleanup of the Meyers Property Superfund site solely on the basis of the administrative record, and will uphold the remedy chosen in EPA's 1990 record o...

Ethyl Corp. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) violated Clean Air Act (CAA) §211(f)(4) in denying, on public health grounds, a manufacturer's application for a waiver of §211(f)(1)'s prohibition on introducing into commerce new fuel additives that are not substantially similar...