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Atlantic States Legal Found. v. Eastman Kodak Co.

The court holds that a citizen suit under § 505 of the Federal Water Pollution Control Act (FWPCA) against the holder of a state pollution discharge elimination system (SPDES) permit issued under the national pollution discharge elimination system may not be based on discharges of pollutants not li...

Audubon Soc'y of Cent. Ark. v. Dailey

The court holds that a district court properly suspended a U.S. Corps of Engineers' (Corps') permit for a bridge construction project in Little Rock, Arkansas, and enjoined construction pending the preparation of an environmental impact statement (EIS), because the Corps' conclusion that the project...

Avnet, Inc. v. Allied-Signal, Inc.

The court holds that primary potentially responsible parties (PRPs) are barred from seeking contribution for response costs incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at a landfill site in Rhode Island, from de minimis PRPs who entered into a se...

In re Ballard Shipping Co.

The court holds that purely economic injuries arising from a maritime oil spill are not cognizable under general maritime law, the Federal Water Pollution Control Act (FWPCA), or the Rhode Island Environmental Injury Compensation Act. The court holds that an oil spill, which occurred in Narragansett...

Bar MK Ranches v. Yuetter

The court holds that the U.S. Forest Service did not violate its regulation concerning development of the agency appeal record by considering information outside the record in deciding to allow the transplant of 150 elk to the Manti-LaSal National Forest near Monticello, Utah. First, the court holds...

Beck v. Department of Commerce

The court holds that environmental groups, initially allowed permissive intervention on behalf of the federal government in litigation challenging the U.S. Fish and Wildlife Service's adoption of regulations interpreting the Marine Mammal Protection Act's (MMPA's) exception for Alaska Natives regard...

In re Bell Petroleum Servs., Inc.

The court holds that joint and several liability may not be imposed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in a U.S. Environmental Protection Agency (EPA) cost recovery action on a party that met its burden of proving a reasonable basis for apportion...

Bettis v. Ontario, Town of

The court holds that landowner's Federal Water Pollution Control Act (FWPCA) citizen suit must be dismissed because they failed to comply with the notice requirements of §505(b). As such, the court declines to retain jurisdiction over other pendant state-law claims. Citizens brought suit against th...

B.F. Goodrich Co. v. Murtha

The court denies the motion of a coalition of responsible corporate defendants for leave to file third-party contribution claims against a large number of individual homeowners and small businesses in a Comprehensive Environmental Response, Compensation, and Liability Act suit, but permits the coali...

Board of Managers v. Bornhoft

The court holds that it lacks jurisdiction to review a U.S. Army Corps of Engineers' (Corps') cease and desist order prohibiting a county water resource board from depositing spoil material in a wetland as a part of a flood control project, because the Board seeks only declaratory judgment of its li...