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Sinclair Oil Corp. v. Scherer

The court holds that a consent decree between the U.S. Environmental Protection Agency (EPA) and an oil company relating to contamination at the company's petroleum refinery does not bar an administrative action alleging that the company violated hazardous waste regulations requiring attachment of n...

Tri-State Rubbish, Inc. v. Gray, Town of

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

Tennsv, Inc. v. Gade

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the borders of a local government unit are unconstitutional burdens on interstate commerce in violation of the ...

In re L.F. Jennings Oil Co.

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey Department of Environmental Protection, 16 ELR 20278 (1986), on the abandonm...

Alameda Water & Sanitation Dist. v. Environmental Defense Fund

The court holds that environmental groups may not intervene in a district court's review of the U.S. Environmental Protection Agency's (EPA's or the Agency's) veto of a dredge and fill permit issued by the U.S. Army Corps of Engineers that would have allowed construction of the Two Forks Dam in Colo...

Plantation Landing Resort, Inc. v. United States

The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for its denial of the developer's Federal Water Pollution Control Act §404 dredge and fill permit applicati...

Kirchmann v. United States

The court affirms a district court's dismissal, under the Federal Tort Claims Act's (FTCA's) independent contractor and discretionary function exceptions, of a lawsuit against the federal government for groundwater contamination at a private farm, caused by trichloroethylene (TCE) disposal at an Air...

Harleysville Mut. Ins. Co. v. Sussex County

The court holds that two insurance companies have no duty to defend or indemnify a Delaware county for future costs resulting from the U.S. Environmental Protection Agency's (EPA's) administrative proceedings under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ad...

Patz v. St. Paul Fire & Marine Ins. Co.

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated waste from painting operations that they buried in barrels or p...

Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

The court holds that a challenge by the state of Nebraska to the siting of a regional low-level radioactive waste storage facility in Boyd County, Nebraska, is barred by a regional compact's time limits on suits and the doctrines of estoppel and laches. Ruling on a motion for summary judgment by the...