United States v. Mountain State Carbon LLC
A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged that COGC at the facility displays the toxicity characteristic for ...
Pennsylvania Department of Environmental Protection v. Beazer East, Inc.
The Third Circuit, in an unpublished opinion, affirmed a lower court decision dismissing as time barred a state environmental agency's CERCLA lawsuit seeking reimbursement of response costs incurred at a former landfill. The defendants argued that the agency's action at the site was a "removal" acti...
Broussard v. Dow Chemical Co.
The Fifth Circuit upheld the dismissal of a landowner's suit against a chemical company for damages stemming from natural gas well operations. The company operated the well in the late 1960s and early 1970s under a mineral lease that expired in 1975. The lease granted the landowners the right to sue...