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Association of Battery Recyclers, Inc. v. Environmental Protection Agency

The D.C. Circuit upheld EPA's revised NESHAPs for secondary lead smelting facilities. In 2012, acting pursuant to CAA §§112(d)(6) and 112(f)(2), EPA revised the 1995 emissions standards for secondary lead smelting facilities, reducing allowable emissions by 90% and requiring smelters to totally en...

Duke Energy Progress, Inc. v. Alcan Aluminum Corp.

A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution case concerning the Ward Transformer Superfund site. The court had issued two orders concerning the site—one i...

Los Angeles, City of v. Great Basin Unified Air Pollution Control District

A district court dismissed a city's lawsuit against California state and local air districts challenging fees it must pay to mitigate wind-blown dust from a dry lake bed that exceed state and federal air standards. Section 42316 of the California Health and Safety Code authorized the district to ord...

Stratford Holding, LLC v. Fog Cap Retail Investors LLC

The Eleventh Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing a company's cost recovery action under CERCLA for failure to state a claim. The lower court granted the motion to dismiss upon a finding that a "no-listing letter" from the Georgia Environmental ...

PCS Nitrogen Inc. v. Ashley II of Charleston LLC

The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, the current owner of a portion of the site brou...