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State ex rel. Koster v. Republic Services, Inc.

A district court granted Missouri's remand request to litigate in state court its lawsuit against the owner and operator of a landfill in connection with an uncontrolled, underground trash fire at the site. The state alleged various state law violations, along with claims for nuisance, cost recovery...

Boler v. Earley

A district court held it lacks subject matter jurisdiction over a class action lawsuit that stems from the water contamination crisis in Flint, Michigan. The plaintiffs alleged that the city violated their constitutional rights and state law by providing contaminated water and requiring them to pay ...

Asarco, LLC v. Atlantic Richfield Co.

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...

Krause v. Omaha, City of

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended use...

State ex rel. American Electric Power Co. v. Nibert

West Virginia's highest court held that individuals' lawsuit against a power company for injuries they allegedly incurred due to their exposure to coal combustion waste may go forward in the West Virginia courts even though the vast majority of plaintiffs live outside the state. Of the 77 named plai...

Northern Illinois Gas Co. v. City of Evanston

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not meet the definition of "solid waste" under RCRA, the city canno...

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...

United States v. Tonawanda Coke Corp.

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its conduct was criminal. But it failed to raise this argument below....

Abbo-Bradley v. City of Niagara Falls

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011 sewer p...