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Maine v. McCarthy

A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a formal decision in which it approved some of Maine’s water quality standards but disapproved three of Maine’s human hea...

Olin Corp. v. Insurance Co. of North America

A district court held that a manufacturing company is entitled to $1.7 million in litigation costs from its insurer in an underlying 2003 lawsuit concerning hazardous waste contamination at one of the company's properties stemming from the 1950s. The insurer alleged that the property damage occurred...

Entergy Nuclear Indian Point 2, LLC v. United States

The Federal Claims Court held that DOE owes an energy company nearly $34.5 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in New York. The court granted all of the company's claims except for the Part 171 NRC fees, the re...

Entergy Nuclear Palisades, LLC v. United States

The Federal Claims Court held that DOE owes an energy company $13.8 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in Covert, Michigan. The court found in favor of the the company with respect to its claims for costs rela...

LAJIM, LLC v. General Electric Co.

A district court held that RCRA gives it the authority to grant a golf course's request for mandatory injunctive relief against a company to stop further contamination and to remediate past contamination, even though the company has already entered into a consent decree with the state environmental ...

LCCS Group v. A.N. Webber Logistics, Inc.

A district court denied a waste hauling company's motion to dismiss a CERCLA suit filed against it for alleged soil and groundwater contamination contributed by its predecessor to a hazardous waste site in Chicago, Illinois. The company argued that the current owner of the site failed to sufficientl...

Quad Cities Waterkeeper, Inc. v. Ballegeer

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other pollutants on the banks and bed of the Green River during its construction and maintenance of a levee. The com...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners argued that the litigation record omits several materials that were...

Ohio Valley Environmental Coalition, Inc. v. McCarthy

A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies previously identified as "biologically impaired." The groups' members use some, but not all, impaired waterbod...