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Michigan v. EPA

The Seventh Circuit dismissed Michigan's petition for review of an EPA rule redesignating certain Native American lands to Class I status under the CAA's prevention of significant deterioration (PSD) program. Michigan's challenge raises some important issues about the PSD program's regulatory struct...

Cooper Indus., Inc. v. Agway, Inc.

The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants another company's motion to certify for interlocutory appeal wheth...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first holds that CERCLA clearly exposes the federal government to suit...

Browning-Ferris Indus. of Ill., Inc. v. Ter Maat

The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane Superfund site in Illinois, and orders them each to pay over $2 ...

Board of Trustees of Painesville Township v. Painesville, City of

The court dismisses a township's and construction company's lawsuit against a city under the Clean Water Act (CWA) for failing to extend wastewater treatment services outside the city's boundary, even though the outlying area was included in the city's plan for a federally funded waste treatment pla...

Briggs & Stratton Corp. v. Concrete Sales & Servs.

The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the former owners of a contaminated site in Georgia are liable for the disposal of hazardous waste at the site. A potentially responsible party (PRP) shipped containers of hazardous waste t...