The Ninth Circuit affirmed a lower court's conviction of a chemical company owner for illegally storing hazardous wastes without a permit in violation of RCRA. On appeal, the owner argued that the lower court improperly instructed the jury about the distinction between "storage" and "disposal" of ha...

The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA from a second PRP. The court held that CERCLA §113(f)(3)(B) does...

The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower court ruled that the current owner's claim for injunctive relie...

A district court held that community service having a value no more than $500,000 would be an appropriate sentence for a pipeline operator that stored liquid mercury at one of its facilities without a permit. Below, a trial court imposed an $18 million fine against the company, but the sentence was ...

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The group failed to state a claim under the CWA because discharges of...

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a carpet manufacturer that sent carpet selvedge to a site for recycling...