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Meritor, Inc. v. Environmental Protection Agency

The D.C. Circuit upheld EPA's 2018 decision to add a wheel-covering facility in Mississippi to the NPL. The company that assumed environmental liabilities for the facility argued that EPA improperly applied the hazard ranking system regulations to the site by failing to account for the company's mit...

West Virginia State University Board of Governors v. Dow Chemical Co.

A district court granted a university board of governors' motion to remand to state court a lawsuit concerning groundwater contamination beneath university land from a nearby facility. The board filed suit in state court, arguing that the facility released volatile and semivolatile organic compounds...

PPG Industries Inc. v. United States

The Third Circuit affirmed a district court ruling that the U.S. government was not liable to a coatings company for cleanup costs at a chromite ore processing plant with which it was involved during World War I and World War II. The district court concluded the government was not subject to operato...

Atlantic Richfield Co. v. Christian

The U.S. Supreme Court affirmed in part and vacated in part the Montana high court's ruling in a lawsuit concerning cleanup actions across a 300-square-mile Superfund site in Butte. Landowners whose properties are located within the site brought trespass, nuisance, and strict liability claims under ...

Waterkeeper Alliance v. Wheeler

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop an...

United States v. Exxon Mobil Corp.

The Ninth Circuit reversed a district court order denying the U.S. Chemical Safety and Hazard Board's petition to enforce subpoenas issued against an oil company following an explosion and chemical release at one of its refineries. The district court found that 29 of the subpoenas were enforceable, ...

Idaho Conservation League v. Wheeler

The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry. Environmental groups argued the decision violated CERCLA by wrongly interpreting the term "risk" in the operative provisions as limited to the risk of taxpayer-funded response...

California Communities Against Toxics v. Environmental Protection Agency

The D.C. Circuit upheld an EPA rule that classified as "recycled" certain hazardous material sent to a third-party reclamation facility and thus exempted the material from RCRA regulations governing discarded waste. Environmental groups argued the rule violated RCRA because material that a generator...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit reversed a district court's dismissal of a challenge to the use of lead ammunition in Kaibab National Forest. Environmental groups sought to require the U.S. Forest Service to address the use of lead ammunition by hunters in the national forest, alleging the the Service's failure t...