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Ecological Rights Foundation v. Pacific Gas & Electric Co.

The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to tre...

Pieper v. United States

The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the Federal Torts Claim Act alleging that the Army negligently disposed...

Strategic Envtl. Partners, LLC v. N.J. Dep't of Envtl. Protection

A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an agreement with the New Jersey Department of Environmental Protection...

Sweet Lake Land & Oil Co. v. Oleum Operating Co.

A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas exploration activities. The larger company was found 100% liable ...

Gadsden Indus. Park, LLC v. United States

A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore up from the ground, and removed roughly 1,400 feet of track owned...

Standing Rock Sioux Tribe v. Dakota Access

A district court held that the Dakota Access pipeline can continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. In an earlier decision, the court held that the Corps did not adequately consider the consequences of a spill for the plaintiff tribe's fis...