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Frey v. Environmental Protection Agency

The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second and t...

SPRAWLDEF v. San Francisco Bay Conservation & Development Comm'n

A California appellate court upheld the issuance of a county permit for a landfill expansion project in the Suisun Marsh, part of the San Francisco Bay tidal estuary. Environmental groups claimed that the permit approvals violate the Sonoma County Local Protection Plan and, specifically, a county or...

Appalachian Voices v. McCarthy

A district court rejected a proposed consent decree that would have required EPA to review and, where necessary, revise by December 19, 2014, certain regulations concerning coal ash under RCRA. The court determined that the proposed consent decree was fair, adequate, reasonable, appropriate, and gen...

SeaWorld of Florida, LLC v. Perez

The D.C. Circuit upheld the Occupational Safety and Health Review Commission's finding that SeaWorld violated the OSH Act by exposing trainers to recognized hazards when working in close contact with killer whales during performances. The Commission's finding came after the death of one of SeaWorld'...

El Paso Natural Gas Co. v. United States

The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and two hazardous waste facilities located on Navajo land. In 2010, E...

NL Industries, Inc. v. ACF Industries

A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site, claimed...

C&A Carbone, Inc. v. County of Rockland

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-designated...

Kaufman v. Perez

The D.C. Circuit held that an EPA employee's lawsuit against the Agency for allegedly retaliating against him in violation of several environmental whistleblowing provisions was untimely. In 2000, the employee was working in EPA's ombudsman office. Following a pattern of controversial behavior at a ...