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Forest Properties, Inc. v. United States

The court holds that the federal governments' denial of a developer's application for a Federal Water Pollution Control Act (FWPCA) §404 permit to dredge and fill certain underwater lakebottom property did not constitute a regulatory taking. The developer claimed that the denial resulted in a takin...

Barthel v. Department of Agric.

The court holds that farmers may dredge and clean a ditch as necessary to farm their land as they did before the Swampbuster provision of the Food Security Act became effective. Before Swampbuster became effective, the farmers dredged and cleaned the ditch and used the drained land as a hay and cow ...

Minyard Enters., Inc. v. Southeastern Chem. & Solvent Co.

The court holds that $200,000 awarded to a former owner whose property was damaged by an underground storage tank (UST) operator's negligence is not duplicative of the former owner's award for past and future response costs under the Comprehensive Environmental Response, Compensation, and Liability ...

Piney Run Preservation Ass'n v. County Comm'rs of Carroll County, Md.

The court holds that a county's sewage treatment plant violated Federal Water Pollution Control Act (FWPCA) §301(a) by discharging heat into a stream located near environmental group members' homes. The court first holds that according to the plant's monitoring reports, the plant's effluent exceede...

Andrus v. Agrevo USA Co.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law claims against a herbicide manufacturer. The farmer sought damages based on the herbicide's failure to perform as advertised, his detrimental reliance on the herbicide's label, and the ...

Southfund Partners III v. Sears, Roebuck & Co.

The court holds that a company is not entitled to recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the former owner of property contaminated by leaking underground storage tanks (USTs). The court first holds that the company's CERCL...

Acushnet Co. v. Mohasco Corp.

The court affirms, but on different grounds, a district court decision dismissing corporations' contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against several potentially responsible parties (PRPs) for response costs incurred at the Sulliv...

Fort Ord Toxics Project v. California EPA

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) does not bar a district court's jurisdiction over environmental groups' California Environmental Quality Act action against state agencies for failing to prepare an environmental impact s...

Axel Johnson, Inc. v. Carroll Carolina Oil Co.

The court holds that the former owner and operator of a refinery may not bring cost recovery or contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the subsequent and current owners. The court first holds that the former owner is a pe...

Good v. United States

The court holds that the U.S. Army Corps of Engineers' denial of a property owner's permit application to dredge and fill wetlands on his property in the Florida keys was not a taking. The court first holds that the U.S. Supreme Court did not hold in Lucas v. South Carolina Coastal Council, 505 U.S....