A district court upheld EPA's rule setting numeric nutrient criteria for Florida except in two respects: the stream criteria and the default downstream-protection criteria for unimpaired lakes. In 2009, recognizing that the state's narrative criterion was insufficient to control Florida's widesp...

The Seventh Circuit held that automobile owners should not be held liable under CERCLA for costs incurred responding to automobile accidents. The case was brought by the billing agent of a fire department that sought response costs from individuals who were involved in motor vehicle accidents an...

A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law. By allowing discharges based on an applicant's notice of intent (NOI) to discharge, the permitting scheme c...

A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site. But the $800,000 in costs purportedly incurred are not related to the alleged r...

A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial danger to human health or the environment. The owner does not u...

A district court held that a mining company is liable for discharging arsenic and iron into a nearby creek in violation of its NPDES permit. The company did not deny or admit that it is in violation of its permit. Instead, it argued that the environmental group that filed suit against it lacked ...