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Asarco, LLC v. Atlantic Richfield Co.

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...

United States v. Gunselman

The Fifth Circuit upheld an individual's sentence and conviction for wire fraud, money laundering, and CAA violations for selling false renewable fuel credits. The individual represented to EPA and to fuel companies seeking to purchase renewable fuel credits that he manufactured renewable fuels when...

Department of Toxic Substances Control v. Technichem, Inc.

A district court held on motions for summary judgment that a hazardous waste management company should be held liable under CERCLA for PCE contamination, but that material issues of disputed fact preclude a finding that an employee should be liable as an "operator." The testimony of the company's ex...

Sierra Club v. McCarthy

A district court ordered EPA to either promulgate revised emissions standards for the the pulp mill and nutritional yeast manufacturing source categories, or issue a determination that such standards are not required under the CAA. EPA promulgated emissions standards for both of these major source c...

Sierra Club v. Oklahoma Gas & Electric Co.

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-regulating permit as required by the CAA. But because the group file...

Sierra Club de Puerto Rico v. Environmental Protection Agency

The D.C. Circuit dismissed environmental groups' lawsuit seeking to vacate an EPA rule that implements the CAA's new source review (NSR) permitting scheme in nonattainment areas. The groups filed suit after EPA issued an energy company a PSD permit to build a waste incinerator in Arecibo, Puerto Ric...