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Atlantic States Legal Found. v. Koch Ref. Co.

The court holds that plaintiffs' citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) is not precluded by a subsequently filed federal enforcement action, and that the discovery and pretrial motions of the two actions will be consolidated. The court first holds that the federa...

Continental Ins. Cos. v. Northeastern Pharmaceutical & Chem. Co.

The court holds that the term "damages" in the standard comprehensive general liability policy does not include cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). This is a rehearing en banc of...

Cabot Corp. v. EPA

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars a citizen suit by potentially responsible parties (PRPs) challenging the Environmental Protection Agency's (EPA's) remedial action at the Moyer's landfill site in Pennsylvania. Th...

Bowles v. Corps of Eng'rs

The court holds that the Corps of Engineers' decision to deny a dredge and fill permit under §404 of the Federal Water Pollution Control Act was not arbitrary and capricious. The district court properly found that he Corps' decision was not in retaliation for plaintiff's constitutionally protected ...

In re Applicability of ECRA to the Robert L. Mitchell Technical Ctr.

The court holds that a research and development facility is subject to the requirements of the New Jersey Environmental Cleanup Responsibility Act (ECRA) as an auxiliary facility to a manufacturing establishment. The research facility falls within the Standard Industrial Classification Manual's defi...

California v. Department of the Navy

The court holds that only the Environmental Protection Agency (EPA) can assess civil penalties under Federal Water Pollution Control Act (FWPCA) §309(d), and FWPCA §313 does not waive the federal government's sovereign immunity from state civil penalties. California had sought civil penalties unde...

Woodland Private Study Group v. New Jersey Dep't of Envtl. Protection

The court holds that a claim that the New Jersey Spill Compensation and Control Act violates federal due process is moot, since all parties agree that intervening decisions by the New Jersey Supreme Court have modified the Act to comply with due process.
[The district court decision appears at 16 E...

United States v. T&S Brass & Bronze Works, Inc.

The court holds that defendant violated §3005 of the Resource Conservation and Recovery Act (RCRA) by failing to certify compliance with RCRA's financial responsibility requirements and by continuing to operate its hazardous waste land disposal facility without interim status or the required permit...

Atlantic States Legal Found. v. Tyson Foods, Inc.

The court holds that a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) alleging violations at one of defendant's plants is barred by the issuance of a state administrative order, and stays a citizen suit alleging violations at a second plant that may be rendered moot when...

Chesapeake Bay Found. v. Gwaltney of Smithfield, Ltd.

On remand from the Supreme Court's decision that citizen plaintiffs suing under §505 of the Federal Water Pollution Control Act must make a good-faith allegation of ongoing violation, the court concludes that plaintiffs' allegation in this case was adequate. Interpreting the Supreme Court's opinion...