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PennEnvironment v. PPG Industries, Inc.
A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable because...
Ideker Farms, Inc. v. United States
In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the government, arguing that the Corps' management of the Missouri Ri...
B&R Resources, LLC v. Department of Environmental Protection
A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state environmental agency issued an administrative order requiring th...
American Petroleum Institute v. Environmental Protection Agency
The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA. In 2017, the court upheld some aspects of the rule and vacate...
Sunnyside Gold Corp. v. Environmental Protection Agency
The D.C. Circuit dismissed a mining company's lawsuit challenging EPA's decision to place the entire Bonita Peak Mining District, located in Colorado's Mineral Belt, on the NPL. The mining company owns a mine located in the district, but its mine was not one of the sites scored under the hazard rank...
Patchak v. Zinke
The U.S. Supreme Court upheld the 2014 Gun Lake Trust Land Reaffirmation Act, which reaffirmed as trust land certain property on which a Native American tribe wished to build a casino and provided that any future or pending actions relating to that land should be dismissed. Congress enacted the Gun ...
United States v. Atlantic Richfield Co.
A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate the complex because of severe contamination from the USS Lead S...
Robert H. Law, Inc. v. Woodbine Business Park, Inc.
A district court dismissed CERCLA claims against a construction company because there was no evidence that its actions contributed to soil contamination near the site. A contractor purchased topsoil from a company that is adjacent to a road where the construction company installed a water main three...