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Honeywell International, Inc. v. Nuclear Regulatory Commission

The D.C. Circuit vacated an NRC decision in which it refused to consider the value of a company's "goodwill" in determining whether the company was exempt from certain financial requirements necessary for the decommissioning of a uranium processing plant. In 2007 and 2008, the NRC granted th...

United States v. Southern Union Co

The First Circuit affirmed a natural gas company's conviction for storing hazardous waste without a permit in violation of RCRA. The company is precluded from challenging a 2002 EPA rule authorizing Rhode Island's RCRA regulations because it failed to use the proper statutory procedure for j...

Stimson Lumber Co. v. International Paper Co.

A district court held that a lumber company's CERCLA action against the former owner of the company's sawmill and plywood manufacturing plant for reimbursement of past and future cleanup costs associated with the site is not barred by contract. When the lumber company purchased the plant in 1993, th...

Rococo Associates, Inc. v. Award Packaging Corp.

A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing compa...

El Paso Natural Gas Co. v. United States

A district court granted the United States' motion to dismiss a Native American tribe's claims against it in connection with the government's remediation of a former uranium mill located on the Navajo Nation Reservation near Tuba City, Arizona. In 1985, the DOE and the tribe entered into a coop...

Litgo New Jersey, Inc. v. Martin

A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The court originally allocated 65% of costs to the plaintiffs, 32% to the defendants, and 3% to the federal g...

LM Nursing Service, Inc. v. Ferreira

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...