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Pantry, Inc. v. Stop-N-Go Foods, Inc.

The court holds that a seller of convenience stores with facilities for the retail sale of gasoline violated a Kentucky statute prohibiting the unpermitted disposal of waste when gasoline from its underground storage tanks (USTs) inadvertently leaked into the surrounding soil. The purchaser of the s...

Papas v. Upjohn Co.

The court, on remand from the U.S. Supreme Court, holds that §136v of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts the state common-law claims made by a worker and his wife against manufacturers of pesticides registered by the U.S. Environmental Protection Agen...

Passaic Valley Sewerage Comm'rs v. Department of Labor

The court holds that an employee's intracorporate complaints are protected under the Federal Water Pollution Control Act's (FWPCA's) whistleblower provision, and that substantial evidence exists to support the Secretary of Labor's findings that the employee was discharged in violation of the whistle...

Pennsylvania v. U.S. Postal Serv.

The court holds that the U.S. Postal Service, as sovereign, is immune from claims for civil penalties for violations of a state clean water act. Pennsylvania's Department of Environmental Resources brought an administrative action against the U.S. Postal Service seeking civil penalties for discharge...

People v. Teledyne, Inc.

The court holds that a state and county's claim for injunctive relief seeking the removal of hazardous wastes at the Sheffield hazardous waste sites in Illinois is preempted by orders of the U.S. Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act (RCRA) §3...

Phoenix, City of v. Garbage Servs. Co.

The court holds that a testamentary trustee is liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 as an "owner" of a contaminated landfill, even though the trustee held only bare legal title to the landfill. The deceased former owner of the landfill sol...

Phoenix, City of v. Garbage Servs. Co.

The court holds that a trustee who is authorized to control the use of trust property and knowingly allows such property to be used for hazardous waste disposal can be liable under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs that ex...

Pittston Co. v. Lujan

The court holds that a coal mining company's due process challenge to a permit denial based on outstanding violations of the Surface Mining Control and Reclamation Act (SMCRA) is tantamount to an attack on SMCRA's regulations and thus can be brought only in the U.S. District Court for the District o...

Portland Audubon Soc'y v. Endangered Species Comm.

The court holds that the Endangered Species Committee's (Committee's) proceedings regarding an application by the Bureau of Land Management for exemption from the requirements of the Endangered Species Act (ESA) for 13 timber sales in western Oregon are governed by the Administrative Procedure Act's...

Powell Duffryn Terminals, Inc. v. CJR Processing, Inc.

The court holds that an owner of a public storage tank facility for the storage of liquids has failed to state a claim for recovery of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The owner seeks reimbursement from the generator of the liqu...