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LWD PRP Group v. Alcan Corp.

The Sixth Circuit held that the three-year statute of limitations for contribution actions brought after an administrative settlement to perform a removal action begins running when the settlement becomes effective, not when the removal action is completed. In this case, the plaintiff—a group of P...

Vine Street v. Borg Warner Corp.

The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry cleaning business that operated in the 1960s and 1970s. A district court in 2006 had held the corporati...

United States v. Oklahoma Gas & Electric Co.

A district court dismissed EPA's lawsuit against an Oklahoma utility under the CAA alleging that it failed to properly project whether modifications made to two coal-fired power plants would result in an increase in emissions. The plants were constructed before Congress enacted the PSD program. As a...

Anderson v. Teck Metals, Ltd.

A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia River to suffer various health diseases due to toxic and hazardous air emissions from the company's smel...

Sierra Club v. United States Environmental Protection Agency

The Seventh Circuit denied a petition for review challenging EPA’s decisions to redesignate three geographic areas—Milwaukee-Racine, Greater Chicago, and the Illinois portion of the St. Louis area—as having attained the 1997 NAAQS for ozone. Before redesignating an area, the CAA requires EPA t...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

A district court dismissed individuals' CAA citizen suit against an oil company for emission violations at the company's refinery, olefins plant, and chemical plant in Baytown, Texas. It is undisputed the company violated some emission standards or limitations under its Title V permit. Indeed, it is...