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Solid Waste Agency of N. Cook County v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers has jurisdiction under the Migratory Bird Rule to require a consortium of municipalities to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit before filling ponds and lakes on a proposed landfill site. The court first holds that t...

Akzo Nobel Coatings, Inc. v. Aigner Corp.

The court vacates a district court's allocation of contribution costs a coating company must pay for cleanup costs incurred by another potentially responsible party (PRP) at the Fisher-Calo site in Indiana. Although the coating company sent nine percent and the PRP sent approximately 71 percent of t...

New Jersey Turnpike Auth. v. PPG Indus., Inc.

The court dismisses a turnpike authority's contribution claims against three chromium ore processors under the Comprehensive Environmental Recovery, Compensation, and Liability Act (CERCLA) and the New Jersey Spill Act for the contamination of several sites along the New Jersey Turnpike. The turnpik...

Incorporated Village of Rockville Centre v. Hempstead, Town of

The court upholds a district court decision finding that an intermunicipal agreement between a town and several villages concerning the disposal of solid waste does not violate the dormant U.S. Commerce Clause. The agreement required each village to deliver all waste generated within its jurisdictio...

United States v. Deaton

The court holds that developers' sidecasting of dredged spoil in a jurisdictional wetland constitutes the discharge of a pollutant under the Clean Water Act (CWA). The court first holds that the deposit of dredged or excavated material from a wetland back into the same wetland constitutes the discha...

Tosco Corp. v. Koch Indus., Inc.

The court affirms a district court decision holding the former owner of an abandoned refinery responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 15 percent of all past and future response costs and damages a subsequent owner incurred and will inc...

United States v. Amoco Chem. Co.

The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...

Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against it for lack of subject matter jurisdiction must be denied. The court first holds that the power company's allegation as co...

Advanced Tech. Corp. v. Eliskim, Inc.

The court denies a corporation's motion to reconsider a ruling that disputed issues of material fact exist as to whether the corporation's neighbor can claim an innocent landowner defense, which would allow the neighbor to pursue a Comprehensive Environmental Response, Compensation, and Liability Ac...

Huish Detergents, Inc. v. Warren County, Ky.

The court holds that a lower court improperly dismissed a laundry detergent manufacturer's claim that an exclusive franchise agreement between a county and a solid waste handler violated the dormant U.S. Commerce Clause. The agreement gave the waste handler the exclusive right to collect and process...