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Warwick Admin. Group v. Avon Prods., Inc.

The court dismisses claims by potentially responsible parties against corporations, a medical center, and a New York county for a declaratory judgment of liability under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and for contribution under CERCLA §11...

Washington Chem., Inc. v. EPA

The court holds that a chemical company is not a prevailing party entitled to attorneys fees in its complaint to enjoin the Environmental Protection Agency (EPA) from enforcing a compliance order under §3008(c) of the Resource Conservation and Recovery Act (RCRA) against the company. After the comp...

Waste Sys. Corp. v. Martin, County of

The court holds that ordinances adopted by two counties requiring all compostable waste generated in the counties to be delivered to a county-owned composting facility violate the Commerce Clause of the U.S. Constitution. The court first holds that the Commerce Clause applies because interstate move...

Waterville Indus., Inc. v. Finance Auth. of Me.

Reversing a district court's contribution award, the court holds that the appellant-defendant—a state finance authority—is exempt from liability under the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) security interest exception because it acted reasonably an...

West Branch Valley Flood Protection Ass'n v. Stone

The court holds that the U.S. Army Corps of Engineers (Corps) did not violate the National Environmental Policy Act, the National Historic Preservation Act (NHPA), or the Water Resources Development Act (WRDA) by failing to submit a supplemental environmental impact statement (EIS) based on informat...

White v. Newberry, County of

The court holds that to prevail in an inverse condemnation claim, property owners must establish that the county did some affirmative act and that to prevail in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action they must show that there was a relea...

Wilkins v. Lujan

The court vacates a district court order permanently enjoining the Secretary of the Interior and the Superintendent of the Ozark National Scenic Riverways from destroying, removing, moving, transporting, molesting, or otherwise harming feral or wild horses in the Ozark National Scenic Riverways Park...

Yerger v. Robertson

The court affirms a district court's decision upholding the U.S. Forest Service's (Service's) decision not to renew a use permit that authorized an individual to operate a resort and food concession in the Prescott National Forest in Arizona. The Service issued an order granting the individual one y...

Zands v. Nelson

The court denies motions for summary judgment in a Resource Conservation and Recovery Act (RCRA) citizen suit, because genuine issues of material fact exist as to whether the prior owners of property and the operators of a gasoline station on that property contributed to soil contamination under RCR...

Arco Oil & Gas Co. v. EPA

The court upholds a U.S. Environmental Protection Agency (EPA or the Agency) finding that waste fluids brought to the surface in connection with a carbon dioxide extraction and processing project require a Class I Safe Drinking Water Act (SDWA) permit for disposal in an underground injection control...