Tyco Thermal Controls LLC v. Redwood Industrials
A district court held that the owner of PCB-contaminated property is not entitled to injunctive relief under RCRA compelling the former owner to either pay for future cleanup costs at the property or take over remediation in its entirety. Injunctive relief is not available when abatement of the ...
Boston Edison Co. v. United States
The Federal Circuit affirmed in part and reversed in part a lower court decision granting the buyer and seller of an energy company damages for the U.S. government's ongoing breach of its contractual obligation to collect and dispose of spent nuclear fuel (SNF) generated at a nuclear plant in Plymou...
Sandlands C&D v. County of Horry
The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or county-approved landfill. A hauling company and a landfill that oper...
Davis v. Administrator of the United States Environmental Protection Agency
The Eleventh Circuit affirmed a lower court decision dismissing individuals' claims that a city violated its NPDES permit for municipal separate storm sewer systems (MS4s). They alleged that the city's MS4 discharges into an estuary are causing and contributing to ongoing violations of the water...
Assateague Coastkeepers v. Maryland Department of the Environment
A Maryland appellate court held that the state's general discharge permit for animal feeding operations complies with the CWA and state law. The general permit authorizes certain discharges but imposes requirements regarding the management of manure and its application as fertilizer. Environment...
Puget Soundkeeper Alliance v. BNSF Railway Co.
A district court held that a railroad company that operates a railroad-transportation facility in Seattle, Washington, violated the terms of its NDPES permit in violation of CWA §402 and discharged pollutants into U.S. waters in violation of CWA §301. The court granted in part an environmental...