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Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...

United States v. Tonawanda Coke Corp.

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its conduct was criminal. But it failed to raise this argument below....

Northwest Environmental Defense Center v. Cascade Kelly Holdings LLC

A district court dismissed environmental groups' CAA citizen suit against a crude oil transloading facility for constructing and operating the facility without a prevention of significant deterioration (PSD) permit. The groups allege that the facility is required to have a PSD permit because it has ...

Dalton Trucking, Inc. v. United States Environmental Protection Agency

The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper. A trucking company filed a petition for review of EPA's nonroad...

McCarthy

The Fourth Circuit granted EPA's petition for a writ of mandamus to preclude an energy company from deposing EPA Administrator Gina McCarthy in a lawsuit seeking to compel EPA to evaluate the CAA's impacts on jobs under §321(a). High-ranking government officials may not be deposed or called to test...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor trailers in violation of the dormant Commerce Clause. The associatio...