Held not waived

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs.…

A district court granted a motion to dismiss Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act, and New Jersey Spill Compensation…

The court vacates a district court decision denying Eleventh Amendment immunity to the commissioner of a state environmental agency who allegedly violated the Resource Conservation and Recovery…

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant…

The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a…

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for…

The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation…