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Clean Harbors, Inc. v. CBS Corp.

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998. In 2002, the current owner purchased the site ...

State v. AT&T Mobility, LLC

A Minnesota appellate court reversed a lower court decision permanently enjoining the construction of a 450-foot wireless-communications tower outside of the Boundary Waters Canoe Area Wilderness (BWCAW), a 1.1 million-acre wilderness area composed of federal and state lands in northeastern Minn...

Pacific Rivers Counsel v. United States Forest Service

The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004. In stark contrast to the 2001 EIS, which contained a 64-page detailed analysis of the environmental conseq...

Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC

The Federal Circuit affirmed in part and reversed in part damages awarded to the current owner of the Vermont Yankee Nuclear Power Station stemming from the government's failure to dispose of spent nuclear fuel generated at the station. The owner's legal and lobbying fees to secure approval from...

Southern Union Co. v. United States

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466, the Court held that the Sixth Amendment's jury-trial guarantee requires th...

Pennsylvania v. Lockheed Martin Corp.

The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an imminent and substantial risk to human health and the environment...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not including in the deregulation a category of hazardous secondary materia...