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Waterkeeper Alliance v. EPA

The D.C. Circuit vacated an EPA final rule that exempted farms from reporting requirements for air releases from animal waste. In 2008 the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements for air releases from animal waste, reasoning that the reports ...

BRG Harrison Lofts Urban Renewal LLC v. GE

A district court allowed a CERCLA recovery claim to go forward in a case involving mercury cleanup at the Thomas Edison light bulb factory. The plaintiff bought the property from the seller and the parties entered into an indemnification and settlement agreement (ISA). The plaintiffs brought suit ag...

105 Mt. Kisco Assoc. LLC v. Carozza

A district court held that a property owner could not sue for cost recovery under CERCLA in connection with a New York property where uranium was processed for the first atomic bomb because the claim was untimely. In December 2012, the plaintiffs purchased the property from one of the defendants on ...

Arizona v. EPA

The Ninth Circuit upheld an EPA federal implementation plan (FIP) under the CAA that replaced rejected portions of the Arizona SIP concerning air quality at federal parks and forests. In 2011, Arizona submitted a SIP to EPA for approval. EPA disapproved certain aspects of Arizona’s SIP concerning ...

Citizens Development Corp., Inc. v. San Diego, County of

A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no actionable hazardous release was claimed. The court held that CE...

Islip, Town of v. Datre

A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped. In 2013, a church pastor requested permission to replace and seed the topsoil of one of the park's socce...

Blue Ridge Envtl Defense League v. Pruitt

A district court ordered EPA to complete overdue assessments of 13 sources of hazardous air pollutants. In 2016, environmental groups sued the Agency over a failure to meet CAA requirements that the standards for air pollutants be reviewed within eight years to account for technology improvements. T...