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Covington v. Jefferson

The Ninth Circuit holds that a district court erred in holding that residents living across from a county dump lacked standing to bring Clean Air Act (CAA) claims based on ozone degradation against a county health department and in granting the county summary judgment on the residents' Resource Cons...

Safe Food & Fertilizer v. EPA

The D.C. Circuit held that on remand EPA must explain how the risk assessments it used in exempting certain recycled zinc fertilizer products from regulation under RCRA compare with the risk threshold estimates in a private study. Petitioners were limited to challenging EPA's claim that its study an...

Natural Resources Defense Council v. Abraham

The Ninth Circuit held unripe nonprofit groups' action to obtain a declaration that a U.S. Department of Energy order that outlines the management of defense radioactive waste is invalid. Delayed review will not cause any real cognizable hardship, but intervention at this point would unduly interfer...

State v. Abraham

A district court granted the state of Washington's motion for partial summary judgment on its claim that the U.S. Department of Energy (DOE) violated the Washington State Hazardous Waste Management Act (HWMA) when it decided to ship radioactive and hazardous mixed transuranic waste to the Hanford Nu...

Natural Resources Defense Council v. EPA

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision not to list used oil from gasoline-powered engines that is destined for disposal as hazardous waste under the Resource Conservation Recovery Act (RCRA). The court first holds that petitioners have standing to challenge EPA...

Jaffrey, Town of v. Fitzwilliam, Town of

The court declines to exercise supplemental jurisdiction over state-law claims in an action brought by a municipal owner of a contaminated landfill asserting two Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims and nine state-law claims against waste depositors t...

Mobil Oil Corp. v. EPA

The court holds moot challenges to the mixture and derived-from rules that the U.S. Environmental Protection Agency (EPA) issued under the Resource Conservation and Recovery Act (RCRA), holds moot a challenge to EPA's rule applying the mixture rule to Bevill wastes mixed with listed hazardous waste,...

South Carolina ex rel. Campbell v. O'Leary

The court preliminarily enjoins the U.S. Department of Energy (DOE) from importing 409 spent nuclear fuel assemblies for storage at the Savannah River site in South Carolina until the court resolves on the merits South Carolina's claim under the National Environmental Policy Act (NEPA) that an envir...

Delaware Coca-Cola Bottling Co. v. S&W Petroleum Serv., Inc.

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged release from the tank. The court first holds that this case does not i...

Marine Shale Processors, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) was not constitutionally barred from considering a facility's boiler and industrial furnace (BIF) permit application while a federal government suit over the facility's alleged incineration of hazardous waste without a permit was pe...