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United States v. Renton
A district court held that the CWA's waiver of sovereign immunity applies to stormwater management fees. In 2011, in response to federal agencies that had ceased paying stormwater program charges, Congress passed the "stormwater amendment" (CWA §313(c)) to clarify federal responsibility to pay ...
Yankee Atomic Electric Co. v. United States
The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S. government for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by contract to begin storing that waste in a permanent and secure reposit...
Native Village of Point Hope v. Salazar
The Ninth Circuit dismissed environmental and Alaska Native groups' petitions challenging the Bureau of Ocean Energy Management's (BOEM's) approval of an oil company's exploration plan to drill in the Beaufort Sea. BOEM's decision that the company's exploration plan complied with the Outer Conti...
Town & Country Co-op, Inc. v. Akron Products Co.
A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination. The complaint contains sufficient factual allegations supporting the company's claim that the former owner of the neigh...
Pakootas v. Teck Cominco Metals, Ltd.
A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River. In this case, the harm is the entiret...
Florida Clean Water Network v. United States Environmental Protection Agency
A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group argued that EPA's decision was arbitrary and capricious. In order ...
United States v. Hampton Roads Sanitation Department
A district court held that a local sanitation department that owns and operates a complex sanitary sewer conveyance system and 13 wastewater treatment plants must pay penalties for the unintended discharge of sewage following heavy rainfall in the spring of 2010. The department previously entere...