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Taylor v. Department of Labor

The court upholds the dismissal of individuals' employment retaliation suits against the state of Rhode Island and the Rhode Island Department of Environmental Management concerning potential Solid Waste Disposal Act violations. The state has not waived its right to sovereign immunity, and the U.S. ...

Geertson Seed Farms v. Johanns

A district court held that the Animal and Plant Health Inspection Service (APHIS) failed to take a hard look at its decision to deregulate alfalfa genetically engineered to resist the herbicide glyphosate—the active ingredient in "RoundUp." Substantial questions exist as to whether the deregulatio...

K-Y Enters., Ltd. Partnership v. Jester

A district court denied motions for summary judgment brought by the current or former owners of underground petroleum storage tanks who were sued under the Resource Conservation and Recovery Act (RCRA) by the owner of neighboring property. The underground storage tank (UST) owners argued that ground...

Exxon Mobil Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied petitions to review two Federal Energy Regulatory Commission (FERC) regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the c...

Fisher v. Ciba Specialty Chems. Corp.

A district ruled on several pre-trial motions of both defendants and plaintiffs alleging property damage caused by a defendant's contamination at its nearby chemical manufacturing facility (a designated Superfund site), negligence, fraud, fraudulent concealment, strict liability, trespass, and civil...

Rivers Unlimited v. Department of Transp.

A district court dismissed an environmental group's claim that the Federal Highway Administration (FHwA) violated the National Environmental Policy Act and the Transportation Act in approving an environmental impact statement (EIS) for a new transportation project designed to improve commuting betwe...

West Virginia Highlands Conservancy v. Johnson

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of t...

Gould Inc. v. A&M Battery & Tire Serv.

The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking facility, is liable for 75 percent of the cleanup costs and that defendant-battery suppliers are liable for...

Atchison, Topeka & Santa Fe Ry. Co. v. Brown & Bryant, Inc.

The court holds that a company that purchased many of the assets of an agricultural chemical company is not liable as a successor-in-interest for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that state law dictates the p...

Corridor H Alternatives v. Slater

The court holds that the Federal Highway Administration and the West Virginia Department of Transportation's decision to support the building of a new, four-lane highway as part of the Appalachian Highway Development System complied with the National Environmental Policy Act and §4(f) of the Depart...