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Askins v. Ohio Department of Agriculture

A district court denied individuals' motion to enjoin the Ohio Department of Agriculture from issuing NPDES permits for concentrated animal feeding operations absent authorization from EPA. The plaintiffs failed to show a likelihood of success on the merits. The Ohio Department of Agriculture does n...

United States v. Mazza

The Second Circuit vacated individuals' convictions for making false statements and conspiring to violate CERCLA. The jury instructions stated that because the defendant has an interest in the outcome of the trial, he has a motive to testify falsely and that the jury should bear this in mind when ev...

Energy & Environment Cabinet v. Frasure Creek Mining, LLC

A Kentucky court rejected a proposed consent decree between the state's environmental agency and a coal mine concerning extensive CWA violations. The proposed consent decree is not fair, reasonable, or in the public interest. The agency failed to provide any public notice or comment period prior to ...

Pebble Ltd. Partnership v. Environmental Protection Agency

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the mine's lawsuit against the Agency for alleged Federal Advisory C...

HLP Properties, LLC v. Consolidated Edison Co. of New York, Inc.

A district court granted in part and denied in part motions to dismiss property owners' CERCLA contribution claims against a company for contamination stemming from a manufactured gas plant that the company's predecessor operated from the 1830s until the early 1900s. In 2010, some of the property ow...