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California Chamber of Commerce v. State Air Resources Board
A California Appeals Court upheld a state cap-and-trade regime against challenges from the state commerce board and affected industry players. In 2006, California passed the California Global Warming Solutions Act, which aims to reduce greenhouse gas (GHG) emissions. To achieve the goals of the act,...
Citizens Development Corp., Inc. v. San Diego, County of
A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no actionable hazardous release was claimed. The court held that CE...
NL Indus., Inc. v. State
The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on state-owned land. In 2007, the state environmental department detect...
Islip, Town of v. Datre
A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped. In 2013, a church pastor requested permission to replace and seed the topsoil of one of the park's socce...
Neodesha, City of v. BP Corp. N. Am. Inc.
A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and other volatile organic compounds to accumulate at its propertie...