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Alma, City of v. United States

The court holds that the Environmental Protection Agency (EPA) properly exercised its veto authority under §404(c) of the Federal Water Pollution Control Act (FWPCA) when it set aside a decision of the Corps of Engineers to issue a dredge and fill permit for construction of Lake Alma in Georgia. En...

Last Chance Dev. Partnership v. Kean

The court holds that the New Jersey Department of Environmental Protection (DEP) exceeded its authority in promulgating two rule amendments to the Waterfront Development Act that would allow New Jersey to regulate development in upland areas not immediately contiguous to a waterfront. Following a de...

Sabine River Auth. v. Department of the Interior

The court holds that the Fish and Wildlife Service's (FWS') decision not to prepare an environmental impact statement (EIS) for its acquisition of a conservation easement on wetlands owned by a hunting club is not arbitrary and capricious. Plaintiff was considering building a reservoir on the site. ...

New York, City of v. Exxon Corp.

The court holds that an aluminum manufacturer that generated an oil/water waste emulsion containing lead, cadmium, and chromium is liable to New York City under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Defendant Alcan, one of two remaining defen...

United States v. South Coast Air Quality Management Dist.

The court rules that §118 of the Clean Air Act clearly and unambiguously waives sovereign immunity, thereby obligating federal facilities to pay locally imposed air pollution permit and operating fees. The South Coast Air Quality Management District (the District) is one of 41 air pollution control...

O'Neil v. Q.L.C.R.I., Inc.

The court holds that the Federal Water Pollution Control Act (FWPCA) does not preempt a common-law claim that a credit union aided and abetted a violation of the FWPCA. The court first holds that claims relating to the credit union's possible future foreclosure on the property at issue do not presen...

United States v. Hooker Chems. & Plastics Corp.

The court holds that New York State's claim for punitive damages for common law public nuisance against a chemical company is not barred by New York penal law, New York case law, the U.S. Constitution, or the New York Constitution. The court first holds that the state's punitive damages claim is not...

AIU Ins. Co. v. Superior Court of Santa Clara County

The court rules that insurers are liable under comprehensive general liability (CGL) policies for the costs of reimbursing government agencies and complying with injunctions ordering toxic waste cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and othe...

Rodenbeck v. Marathon Petroleum Co.

The court holds that under Indiana law, service station lessees' contractual release of claims against the lessor bars all claims including torts and contracts, and that the release bars contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...

AM Int'l, Inc. v. International Forging Equip. Corp.

The court holds that releases from liability in a sales contract are not effective under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(e) or Ohio contract law to prevent a party liable under CERCLA from obtaining contribution from another liable party, and that...