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Concerned Area Residents for the Env't v. Southview Farm

The court holds that a partnership, and one of its partners that own a farm in upstate New York are not entitled to summary judgment dismissing tort and Federal Water Pollution Control Act (FWPCA) claims and common law, brought by landowners residing near the farm, which relate to defendants' allege...

Concerned Area Residents for the Env't v. Southview Farm

The court sets aside a jury's finding of five Federal Water Pollution Control Act (FWPCA) violations in an action by surrounding landowners against a farmer who spread liquid manure as fertilizer in his fields. The court first holds that there is insufficient evidence to support findings that certai...

Concerned Area Residents for the Env't v. Southview Farm

The court holds that liquid manure spreading operations at a dairy farm constitute a point source within the meaning of §502(14) of the Federal Water Pollution Control Act (FWPCA) because the farm is a concentrated animal feeding operation (CAFO) and not subject to the agricultural stormwater exemp...

Connecticut Fund for the Env't v. Acme Electro-Plating, Inc.

The court holds that an environmental organization has standing under §505 of the Federal Water Pollution Control Act (FWPCA) to sue a company that is illegally discharging effluent into a publicly owned treatment works (POTW) without a permit, and because the facts of the discharge are undisputed,...

Conservation Law Found. v. Federal Highway Admin.

The court refuses to enjoin the proposed construction of a highway across Jamestown Island, Rhode Island, holding that the project does not violate the Intermodal Surface Transportation Efficiency Act (ISTEA), the Department of Transportation Act (DOTA), the Federal Water Pollution Control Act (FWPC...

Conservation Law Found. v. Federal Highway Admin.

The court affirms a district court decision that denied citizens groups a preliminary injunction to prevent further construction of the Jamestown connector highway project along Route 138 in Rhode Island. The court holds that the groups failed to establish a likelihood of success on the merits of th...

Courtaulds Aerospace, Inc. v. Huffman

The court denies a summary judgment motion on the "arranger" liability under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), of companies that contracted for the smelting of plastic-insulated copper wire. The smelter returned the recovered copper to...

Davey Compressor Co. v. Delray Beach, City of

The court holds that restoration costs, not diminution in value, are the proper measure of damages for the negligent contamination of a city's drinking water supply by a manufacturer who illegally disposed of waste perchloroethylene onto the ground at its facility. The court holds that the manufactu...

Denver, City & County of v. Adolph Coors Co.

The court approves settlement agreements relating to liability under the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA) of current and former owners of the Lowry Landfill site near Denver, Colorado, and holds that CERCLA §113(f)(2) bars response cost contribution cla...

DerGazarian v. Dow Chem. Co.

The court holds that §136v(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts homeowners' state law tort claims against a pesticide manufacturer for negligent failure to warn or properly label the insecticide, but that FIFRA does not bar claims for failure to use ordinar...