Pennsylvania v. Lockheed Martin Corp.
The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...
Natural Resources Defense Council v. United States Food & Drug Administration
A district court held that the FDA violated the APA and the Food, Drug, and Cosmetic Act (FDCA) when it denied two petitions requesting that it withdraw approval of some uses of certain classes of antibiotics in food-producing animals. The petitions, submitted by environmental groups in 1999 and...
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...
Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.
A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...
Natural Resources Defense Council, Inc. v. United States Food & Drug Administration
A district court held that the FDA must reconsider its approval of certain antibiotics used in animal feed unless, after a hearing, the drug uses at issue are determined to be safe. In 1977, the FDA issued notices of an opportunity for hearing (NOOHs) on proposals to withdraw penicillin and tetr...