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Turner v. United States

The court dismisses an action against the U.S. Environmental Protection Agency (EPA) by the distributor of a mound leveler who claims that the product, which is used to control fire ants, is not a pesticide subject to registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)...

United Paperworkers Int'l Union v. International Paper Co.

The court holds that a company violated §14(a) of the Securities Exchange Act of 1934 and Securities and Exchange Commission (SEC) Rule 14a-9 when its board of directors published, in the proxy statement for an annual stockholders meeting, a statement containing material misstatements and omissions...

United Paperworkers Int'l Union v. International Paper Co.

The court affirms a district court decision that a company violated §14(a) of the Securities Exchange Act of 1934 and Securities and Exchange Commission (SEC) Rule 14a-9 when its board of directors published, in the proxy statement for an annual stockholders meeting, a statement containing material...

United States v. A&N Cleaners & Launderers, Inc.

The court holds that material questions of fact regarding when a dry cleaning operation ceased disposing of hazardous substances preclude summary judgment on the landowner's innocent purchaser and third-party affirmative defenses to liability under the Comprehensive Environmental Response, Compensat...

United States v. ABC Indus.

The court denies motions by two principal potentially responsible parties (PRPs) under Federal Rules of Civil Procedure 24 to intervene to challenge the terms of a proposed consent decree between the government and de minimis parties regarding liability under the Comprehensive Environmental Response...

United States v. Alcan Aluminum, Inc.

The court holds that a consent decree for the cleanup of a Superfund site between the U.S. Environmental Protection Agency (EPA) and potentially responsible parties (PRPs) that expressly reserves the settling PRPs' contribution rights against nonsettling PRPs can create a legally protectable interes...

United States v. Allied-Signal, Inc.

The court holds that the owner and former operator of a lead acid battery facility is liable for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although the owner disputes the necessity of the amount expended by the United States, it...

United States v. AM Gen. Corp.

The court holds that a district court properly dismissed acivil penalty action the U.S. Environmental Protection Agency (EPA) brought under §113(b)(5) of the pre-1990 version of the Clean Air Act (CAA) against a manufacturer that, after modifying its production process, allegedly emitted volatile o...

United States v. American Color & Chem. Corp.

The court holds that it lacks subject matter jurisdiction under §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to grant a preliminary injunction prohibiting the U.S. Environmental Protection Agency (EPA) from proceeding with soil incineration to remedy...

United States v. Amtreco, Inc.

The court holds that the United States is entitled to recover $2,094,410.10 under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for removal costs it incurred in cleaning up creosote at the site of a former wood treatment plant. The court first holds that the U.S....