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

United States v. Pacific Hide & Fur Depot, Inc.

The court holds that current owners of a site contaminated with polychlorinated biphenyls (PCBs) who received their interest in the property through a stock transfer are entitled to assert the innocent landowner defense in §§101(35) and 107(a) of the Comprehensive Environmental Response, Compensat...

United States v. Jobgen

The court holds that the former owner of a chrome plating facility that allegedly discharged hexavalent chromium into an underground aquifer relinquished his right to judicial review on the merits of the Environmental Protection Agency's (EPA's) order, pursuant to §3013 of the Resource Conservation...

Natural Resources Defense Council v. Interstate Paper Corp.

The court approves a consent decree in a Federal Water Pollution Control Act (FWPCA) citizen suit that provides funding to a private organization for a wetlands mitigation project. The Environmental Protection Agency's (EPA's) FWPCA civil penalty policy specifically authorizes the use of environment...

McCormick v. Anschutz Mining Corp.

The court holds that plaintiffs in a citizen suit failed to state a claim against the Environmental Protection Agency (EPA) because EPA does not have a non-discretionary duty to investigate citizen complaints of violations under the Comprehensive Environmental Response, Compensation, and Liability A...

Student Pub. Interest Research Group of N.J. v. Hercules, Inc.

The court holds that Federal Water Pollution Control Act (FWPCA) §309(d)'s list of factors to be considered in assessing civil penalties, added by the 1987 FWPCA amendments, may be applied in assessing penalties for violations before 1987, and the court assesses the maximum penalty of $10,000 each ...

Rockwell Int'l Corp. v. IU Int'l Corp.

The court holds that a government-approved cleanup program is not a prerequisite to a purchaser's private cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against former owners and operators of a hazardous waste site, and the purchaser may...

Fireman's Fund Ins. Cos. v. Ex-Cell-O Corp.

The court holds that the sudden and accidental exception to the pollution exclusion clause of a comprehensive general liability insurance policy contains a temporal aspect meaning only a short time rather than incorporating the concept of an unexpected and unintended event from the viewpoint of the ...

Sierra Club v. Marsh

The court holds that an agency decision in violation of the National Environmental Policy Act (NEPA) causes potentially irreparable environmental injury for purposes of a preliminary injunction by making completion of the project more likely. The court first holds that noncompliance with NEPA is an ...

United States v. Rollins

The court holds that the Migratory Bird Treaty Act (MBTA) is unconstitutionally vague when applied to defendant, whose application of registered pesticides to an alfalfa field inadvertently poisoned a flock of geese. The court first notes that the lack of a scienter element in a strict liability cri...

Polger v. Republic Nat'l Bank

The court permits the owner of a hazardous waste site to sue a bank that had foreclosed on a tenant's contaminated equipment for contribution under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court first holds that the landowner's own liability under CER...