Sierra Club v. Virginia Electric and Power Co.
A district court ruled that a Virginia power plant is not liable for CWA penalties associated with its release of coal ash into nearby waters. The case concerns coal ash piles that leached arsenic and other heavy metals into groundwater that contaminated the Elizabeth River and Deep Creek. An enviro...
Board of Water Works Trustees v. Sac County Board of Supervisors
A district court granted defendant's motion for summary judgment in a case involving a city utility's suit against an upstream drainage district over excess nitrate pollution in the utility's water source. In a prior decision involving these two entities, the Iowa Supreme court held that drainage di...
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...