Toxic Substances

A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss…

The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES)…

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but…

The court holds that a district court lacked subject matter jurisdiction over crop owners' state-law claims against various pesticide corporations and, thus, the corporations improperly…

The court holds that a cleaning product company may pursue its Lanham Act claims against a competitor for allegedly making false and misleading representations on its product label. The court…

The court upholds the Occupational Safety and Health Administration's (OSHA's) revised standard for the manner and conditions of use for respiratory protection in the workplace. A group…

The court holds that although the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a consumer's labeling claims, it does not preempt her defective packaging claim. The…

The court vacates a district court's dismissal of a community association's National Environmental Policy Act (NEPA) and Intermodal Surface Transportation and Efficiency Act (ISTEA)…

The court holds that the passage of the Oil Pollution Act (OPA), which requires single-hulled oil tankers to be retrofitted with double hulls or be phased out of service, did not effect a taking…

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and…