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Jaffrey, Town of v. Fitzwilliam, Town of

The court declines to exercise supplemental jurisdiction over state-law claims in an action brought by a municipal owner of a contaminated landfill asserting two Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims and nine state-law claims against waste depositors t...

Mobil Oil Corp. v. EPA

The court holds moot challenges to the mixture and derived-from rules that the U.S. Environmental Protection Agency (EPA) issued under the Resource Conservation and Recovery Act (RCRA), holds moot a challenge to EPA's rule applying the mixture rule to Bevill wastes mixed with listed hazardous waste,...

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner established material facts precluding summary judgment on its stat...

LaSalle Nat'l Trust, N.A. v. Schaffner

The court holds that three insurance companies have a duty to defend the former owners of a contaminated site against the current owner's suit for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and against stated pendent state-law claims. The ...

South Carolina ex rel. Campbell v. O'Leary

The court preliminarily enjoins the U.S. Department of Energy (DOE) from importing 409 spent nuclear fuel assemblies for storage at the Savannah River site in South Carolina until the court resolves on the merits South Carolina's claim under the National Environmental Policy Act (NEPA) that an envir...

Alliance for Clean Coal v. Miller

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing and approving Clean Air Act (CAA) compliance plans, violates the Commerce Clause of the U.S. Constitution....

George Wash. Home Owners Ass'ns v. Widnall

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...

Kleenwell Biohazard Waste & Gen. Ecology Consultants, Inc. v. Nelson

The court holds that a Washington state-law requirement that waste disposal companies obtain a certificate of public convenience and necessity before collecting, transporting, or disposing of solid waste in the state does not violate the Commerce Clause of the U.S. Constitution. The court first hold...

Mannington Mills, Inc. v. Shinn

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its Mannington Township, New Jersey, facility in designating the sit...

In re Texas E. Transmission Corp. PCB Contamination Ins. Coverage Litig.

The court affirms a district court's exercise of jurisdiction over three actions arising from disputes over insurance coverage for the costs of cleaning up polychlorinated biphenyl contamination caused by the insured's operation of a natural gas pipeline. The insured's primary excess liability insur...