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National Mining Ass'n v. Jackson

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet the criteria of final agency actions. The government's view of ...

Greater Yellowstone Coalition v. Lewis

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

United States v. Southern Union Co

The First Circuit affirmed a natural gas company's conviction for storing hazardous waste without a permit in violation of RCRA. The company is precluded from challenging a 2002 EPA rule authorizing Rhode Island's RCRA regulations because it failed to use the proper statutory procedure for j...

Rococo Associates, Inc. v. Award Packaging Corp.

A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing compa...

Ohio Valley Environmental Coalition v. Coal-Mac, Inc.

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit modifications from the state's environmental agency, and when those requests were denied, the companies appeal...

LM Nursing Service, Inc. v. Ferreira

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...