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Bridge Prods., Inc. v. Quantum Chem. Corp.

The court holds that defendant's counsel suffers from a conflict-of-interest and disqualifies counsel from this hazardous waste case for learning privileged information while being interviewed as a potential replacement for plaintiff's outside counsel. Plaintiff had retained law firms from Chicago a...

United States v. Western Processing Co.

The court holds a defendant jointly and severally liable for response costs at the Western Processing site under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 because the defendant was responsible for some arsenic and the sources of arsenic at the site are indi...

Dague v. Burlington, City of

The court holds that a city is liable, as an owner and operator of a disposal facility under the Resource Conservation and Recovery Act (RCRA), for creating an imminent and substantial danger by discharging hazardous leachate from its landfill. First, the court holds that the city is not liable for ...

Dague v. Burlington, City of

The court holds that when a citizen suit under the Resource Conservation and Recovery Act (RCRA) includes a claim involving hazardous waste, the 60-day notice provision is inapplicable even if other RCRA claims not involving hazardous waste are brought. The broad interpretation in consistent with Co...

Government Suppliers Consolidating Servs. v. Bayh

The court enjoins the state of Indiana from enforcing a newly enacted law that prohibits in-state dumping of out-of-state solid waste without certification from a health officer of the source state that the solid waste does not contain any hazardous waste in violation of federal law or any infectiou...

Citizens for a Better Env't v. Deukmejian

The court holds that a citizens group has standing under the Clean Air Act to sue California for failing to meet the state implementation plan (SIP) levels for ozone and carbon monoxide in the Bay Area Air Quality Management District (District), and that California is mandated by the SIP to enact co...

Chevron, U.S.A., Inc. v. EPA

The court holds that Chevron's challenge to the upper limits in its national pollutant discharge elimination system permit issued pursuant to §402 of the Federal Water Pollution Control Act (FWPCA) for discharge of oil and grease from offshore oil facilities is time barred. Section 509(b)(1) of the...

Conservation Law Found. of New England v. Reilly

The court holds that environmental groups have standing to challenge the Administrator of the Environmental Protection Agency's failure to perform his nondiscretionary duty to assess federal facilities for inclusion on the National Priorities List as required under §120 of the Comprehensive Environ...

Dayton Indep. Sch. Dist. v. U.S. Mineral Prods. Co.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not provide a private right-of-action to cover asbestos removal cost recovery actions. A school district sought to recover from an asbestos manufacturer the costs of removing asbestos-contain...

Concerned Citizens of Sterling v. Connecticut Siting Council

The court holds that a state siting council did not violate state statutory and constitutional procedural requirements by granting a certificate of environmental compatibility and public need for the construction of a plant for the generation of electricity and other marketable byproducts from waste...