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Pacific Rivers Council v. Thomas

The court affirms a district court judgment that enjoined the U.S. Forest Service (Forest Service) from announcing, awarding, or conducting additional timber sales, range activities/grazing permits, or road building projects in the Wallowa-Whitman and Umatilla National Forests until the Forest Servi...

Parravano v. Babbitt

The court holds that the Secretary of Commerce was required under National Standard Two of the Fisheries Conservation and Management Act (FCMA) to base his decision to issue an emergency regulation that reduced the ocean harvest rate and increased the escapement floor for Klamath Chinook salmon on t...

Pennsylvania v. Conroy

The court holds that the Pennsylvania Department of Environmental Resources (DER) properly classified as administrative expenses response costs it incurred in contracting for the cleanup of abandoned hazardous waste in a printing facility. The owners of the facility ignored a DER order to dispose of...

Pennsylvania v. U.S. Postal Serv.

The court holds that the "sue-and-be-sued" provision of the Postal Reorganization Act (PRA) of 1970 waives the U.S. Postal Service's immunity from civil penalties for past violations of state environmental regulations to which Congress subjected the Postal Service through the federal facilities prov...

Petropoulos v. Columbia Gas of Ohio, Inc.

Ruling on summary judgment motions, the court holds that §7002(a)(1)(A) of the Resource Conservation and Recovery Act (RCRA) may not be applied retroactively to a former leaseholder's violations of RCRA's underground storage tank (UST) regulations, but that §7002(a)(1)(B) may be applied retroactiv...

Pierson Sand & Gravel, Inc. v. Pierson Township

The court holds that a township that had the authority to control a landfill operation on property it had leased and for which it had contracted with the owner of the land to operate the property as a landfill is potentially liable as an "operator" in a §107 Comprehensive Environmental Response, Co...

Portsmouth Redevelopment & Hous. Auth. v. BMI Apartments Assocs.

The court holds that petroleum hydrocarbons found at a hazardous waste site may not fall under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104(14)'s petroleum exclusion, and the act of moving contaminated soil around on a hazardous waste site during construct...

Portsmouth Redevelopment & Hous. Auth. v. BMI Apartments Assocs.

The court holds that it lacks subject matter jurisdiction under §7002 of the Resource Conservation and Recovery Act (RCRA) over a current owner's counterclaim for money damages from previous owners of a site where petroleum hydrocarbons may have been released. The court notes that it need not reach...

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

The court dismisses environmental groups' claims alleging nondischarge violations of the Federal Water Pollution Control Act (FWPCA), denies plaintiffs' motion for a permanent injunction to prevent the defendant company from committing future violations of the FWPCA, denies defendant's motions in li...

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

The court certifies for interlocutory appeal parts of its decision in Public Interest Research Group of New Jersey, Inc. v. Hercules, 24 ELR 20270. Plaintiff environmental groups filed a 60-day letter notifying the defendant company and the U.S. Environmental Protection Agency of their intent to sue...