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Weekly Cases Update Volume 47, Issue 20

Spokane, City of v. Monsanto Co.

47 ELR 20088
15-cv-00201 (E.D. Wash., July 2017)

A district court held that an agriculture company cannot pursue Superfund cost recovery against Spokane, Washington, over polychlorinated biphenyl (PCB) contamination in the Spokane River. The company produced PCBs from 1935 to 1970 that the city of Spokane claimed contributed to the impairment...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

American Petroleum Institute v. EPA

47 ELR 20089
09-01038 (D.C. Cir., July 2017)

The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “discarded,” subjecting them to the Agency's authority. The new rule required generators of waste to meet special...

Resource Conservation and Recovery Act (RCRA)

Good v. W. Va. Am. Water Co.

47 ELR 20087
14-1374 (S.D. W. Va., July 2017)

A district court rejected a public utility's attempt at a global settlement with those impacted by a 2014 chemical spill into West Virginia's Elk River. On January 9, 2014, over 224,000 residents of Charleston, West Virginia, and the surrounding area suffered an interruption in their water...