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Arizona ex rel. Woods v. Nucor Corp.

The court approves as fair, reasonable, and consistent with the objectives of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) a proposed settlement agreement in which an electronic components manufacturer agreed to pay $1.275 million and to provide the state with l...

Arkansas Wildlife Fed'n v. ICI Ams., Inc.

The court holds that state administrative enforcement action against an herbicide manufacturer for national pollutant discharge elimination system permit violations bars a citizen suit against the manufacturer for civil penalties and injunctive relief under the Federal Water Pollution Control Act (F...

Arkansas Wildlife Fed'n v. ICI Ams., Inc.

The court holds that under Federal Water Pollution Control Act (FWPCA) §309(g)(6), a state's issuance of a consent administrative order (CAO) and its diligent prosecution of an administrative penalty action against an herbicide manufacturer bar an environmental organization from bringing an FWPCA c...

Atlantic Richfield Co. v. Blosenski

The court holds that an individual who operated a waste hauling business and currently owns the landfill to which his business hauled waste is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an owner, operator, and transporter for response costs inc...

Atlantic States Legal Found. v. Colonial Tanning Corp.

The court holds that environmental groups have standing under the Federal Water Pollution Control Act (FWPCA) §505 citizens suit provision to bring an action against tanneries as indirect sources for allegedly violating pretreatment effluent standards under FWPCA §§301(a) and 307(d) for their was...

Atlantic States Legal Found. v. Karg Bros.

The court holds that environmental groups have standing under Federal Water Pollution Control Act (FWPCA) §505 to bring a citizen suit against a tannery as an indirect source for allegedly violating categorical pretreatment effluent standards for wastewater discharged into, and treated by, a public...

Barton Solvents, Inc. v. Southwest Petro-Chem, Inc.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts an Oklahoma statute limiting a dissolved corporation's capacity to be sued. The court follows what it perceives to be a "clear trend" among courts to construe CERCLA to supersede Federal ...

South Dakota v. Bourland

The court holds that Congress, through the Flood Control Act of 1944 (FCA) and the Cheyenne River Act of 1954 (CRA), abrogated the Cheyenne River Sioux Tribe's right to regulate non-Indian hunting and fishing on lands taken by the United States for construction of the Oahe Dam and Reservoir on the M...

In re Southeast Ark. Landfill, Inc.

The court holds that portions of two Arkansas solid waste disposal laws facially discriminate against solid waste originating outside Arkansas in violation of the Commerce Clause of the U.S. Constitution. The laws prohibit solid waste planning districts from accepting solid waste from outside the bo...

Southeastern Fisheries Ass'n v. Chiles

The court holds that it lacks sufficient factual findings to decide on appeal whether Florida's regulations on harvesting of Spanish mackerel are constitutional or are preempted by the Magnuson Fishery Conservation and Management Act. The court first finds that Congress established a federal fishery...