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Leister v. Black & Decker, Inc.

The court holds that landowners' Resource Conservation and Recovery Act (RCRA) §7002(a)(1)(B) citizen suit claim against an adjoining manufacturing facility failed to establish that an imminent and substantial endangerment was present on their property and, therefore, the court affirmed summary jud...

Aluminum Co. of Am. v. Beazer E., Inc.

The court holds that an appellant corporation that entered a pre-Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liquidation agreement succeeded to a wood processor's CERCLA liability, but that two appellee corporations that controlled the wood processor's board of dir...

Duval Ranching Co. v. Glickman

The court dismisses claims by ranchers that the U.S. Forest Service interfered with their water sources, water rights, and rights-of-way pertaining to four springs in Nevada. The ranchers alleged violations of the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), the ...

Albahary v. Bristol, City & Town of

The court holds that landowners of a parcel adjoining a municipal landfill may proceed with their claims under the Resource Conservation and Recovery Act, the Federal Water Pollution Control Act (FWPCA), and state tort law against a municipality that allegedly allowed the disposal of hazardous waste...

Defenders of Wildlife v. Babbitt

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to propose to list the U.S. population of the Canada lynx as endangered or threatened under the Endangered Species Act (ESA) was arbitrary and capricious. The court first holds that FWS applied the wrong legal standard in ...

Wheeling-Pittsburgh Steel Corp. v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) consent decree relating to the closure of a coke facility's surface impoundment does not bar the Agency from issuing a Resource Conservation and Recovery Act (RCRA) administrative order requiring corrective action at other parts of th...

United States v. Detroit, City of

The court holds on a motion for reconsideration that the failure to incorporate an industrial pretreatment program within a national pollutant discharge elimination system (NPDES) permit precludes the United States from enforcing the industrial pretreatment program's terms against a city charged wit...

Pinal Creek Group v. Newmont Mining Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not provide a party who is partly liable for the cleanup of a hazardous waste site with a claim against other potentially responsible parties (PRPs) for the joint and several recovery of all ...

Amoco Oil Co. v. EPA

The court holds that it lacks jurisdiction over an oil refinery's challenge to a corrective action order issued by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA). The court first notes that the legislative history alone does not reveal a discer...

Charter Township of Van Buren v. Adamkus

The court denies a township's motion to stay the U.S. Environmental Protection Agency's (EPA's) issuance of a polychlorinated biphenyl (PCB) disposal permit to a waste disposal company under the Toxic Substances Control Act (TSCA). The court first holds that the township is unlikely to prevail on it...