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Nucor Steel-Arkansas v. Big River Steel, LLC

The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental agency already issued the competitor a preconstruction PSD permit. Ne...

United States v. Sawyer

The Sixth Circuit upheld a lower court decision sentencing an individual to 60 months in prison and ordered the individual and his co-defendants, jointly and severally, to pay $10,388,576.71 in restitution to EPA for asbestos NESHAPS violations. The individual and co-defendants formed a salvage comp...

Environment Texas Citizens Lobby v. ExxonMobil Corp.

The Fifth Circuit vacated and remanded a lower court decision that imposed no penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. An environmental group filed a CAA citizen suit against the company, alleging violations that occurred thousan...

North River Mews Assocs. v. Alcoa Corp.

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were discovered after the developer purchased the property. The developer ...

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of cleaning up contamination at a steel processing site. The curre...

State ex rel. Koster v. Republic Services, Inc.

A district court granted Missouri's remand request to litigate in state court its lawsuit against the owner and operator of a landfill in connection with an uncontrolled, underground trash fire at the site. The state alleged various state law violations, along with claims for nuisance, cost recovery...

PCS Phosphate Co. v. American Home Assurance Co.

A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the site for repair, during which PCBs were released. The company was ...

Kansas v. Environmental Protection Agency

The D.C. Circuit, in an unpublished opinion, dismissed a petition challenging an EPA computer model that states must use to estimate motor vehicle emissions when developing their strategies to comply with the CAA. Kansas and Nebraska, as well as two nonprofit organizations, alleged that the model is...