Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Navistar Int'l Transp. Corp. v. EPA

The court holds that the Environmental Protection Agency (EPA) properly disapproved a site-specific revision to Ohio's state implementation plan (SIP) for volatile organic compound emissions. The proposed revision would have granted a five-year extension for compliance with the SIP to ten surface co...

Leroy Land Dev. v. Tahoe Regional Planning Agency

The court holds that a condominium developing company, having voluntarily entered into a settlement agreement with a regulatory agency and consented to conducting mitigation measures, cannot now challenge the agreement as a taking because of a subsequent change in the law. Four years after the settl...

Ryan v. Chemlawn Corp.

The court holds that plaintiff's state-law claims alleging that a lawn service company's negligent application of pesticides in her neighborhood caused her and her son to suffer numerous ailments do not fall within the primary jurisdiction of the Environmental Protection Agency (EPA). Plaintiff's cl...

Port Allen Marine Servs. v. Chotin

The court holds that a responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may not maintain a direct action against the insurer of an owner or operator for contribution under CERCLA or under the Louisiana direct action statute, and that it lacks...

In re Multiple Intervenors

The court upholds a Public Service Commission (PSC) opinion permitting two utilities to recover in rates the direct costs of, lost revenues attributable to, and incentive payments for, consumer conservation programs. The court first holds that the PSC's rate-setting authority is not restricted to im...

United States v. Azrael

The court holds that the United States and Maryland are immune from contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) based on their activities in cleaning up a hazardous waste site. Defendants allege that the governments are liable under C...

Fallowfield Dev. Corp. v. Strunk

The court upholds its prior decision that attorney fees are not recoverable response costs in a private-party action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Plaintiffs sought reconsideration of the court's decision after the U.S. Court of Appeals for...

Society of the Plastics Indus. v. Suffolk, County of

A plastics trade association and a local manufacturer lack standing under the New York State Environmental Quality Review Act (SEQRA) to challenge the Suffolk County Plastics Law, which bans the use of certain plastics products by retail food establishments. Plaintiffs allege that the county legisla...

A. Johnson & Co. v. Aetna Casualty & Sur. Co.

The court, applying Maine law, holds that an insurer has no obligation under a comprehensive general liability policy to defend or indemnify its insured for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court assumes that the potentially...