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NL Indus., Inc. v. State

The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on state-owned land. In 2007, the state environmental department detect...

Neodesha, City of v. BP Corp. N. Am. Inc.

A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and other volatile organic compounds to accumulate at its propertie...

Center for Regulatory Reasonableness v. EPA

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...

Ohio Valley Envtl. Coalition, Inc. v McCarthy

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...