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West McDonald Lake Ass'n v. Minn. Dep't of Nat. Res.

A Minnesota appeals court held that the state Department of Natural Resources (DNR) erred by not obtaining a federal permit for a construction project that affected a lake's water level. Hoffman Lake and West McDonald Lake are separated by a strip of land less than 10 feet wide. In 2015, a Hoff...

Hampton Rds. Sanitation Dist. v. Va. Dep't Of Envtl. Quality

A Virginia appeals court held that ash from incineration of biosolids at a wastewater treatment plant cannot be used to raise the ground level of a flood-prone agricultural field. In 2008, the Hampton Roads Sanitation District (HRSD) began using the ash to raise the ground level of flood-prone field...

Dixon Lumber Co. v. Austinville Limestone Co.

A district court held that a mining company will not face CERCLA liability as a successor to another company because there was no overlap in ownership. The mining company and a lumber company purchased adjacent lots from an industrial company whose subsidiary operated a zinc and lead mine on what is...