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Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency (EPA) to remediate a Superfund site. The court first holds that...

Maricopa-Stanfield Irrigation & Drainage Dist. v. United States

The court holds that the federal government's reallocation of excess water to a Native American tribe did not constitute a taking of irrigation districts' water rights. A 1984 federal statute directed a permanent annual supply of water to a Native American tribe and apportioned the excess water to a...

S.W. Shattuck Chem. Co. v. Denver, City & County of

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court first holds that the abstention doctrine does not apply. To the ...

North Shore Gas Co. v. Salomon, Inc.

The court holds that the equitable doctrine of successor liability applies under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In 1941, a coke company sold its interest in a mineral processing company to a utility company and transferred the majority of its rema...

Missouri v. Glasgow, City of

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision cannot excuse the city's operation of its water treatment facilit...

Organic Chems. Site PRP Group v. Total Petroleum, Inc.

The court declines to dismiss a suit brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) by a company seeking to recover remediation costs from the previous owner of a contaminated site. The court reje...

Struhar v. Cleveland, City of

The court holds that a city is not liable as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for burying discarded barrels and drums at an airport, and cannot be held responsible for the medical monitoring costs of a firefighter exposed to hazardo...

Andritz Sprout-Bauer, Inc. v. Beazer E., Inc.

The court denies a landowner's motion for partial summary judgment on claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Pennsylvania Hazardous Sites Cleanup Act (PaHSCA) against a wire rope manufacturer that previously owned a portion of the cont...

South Dakota Mining Ass'n v. Lawrence County

The court holds that the Federal Mining Act of 1872 preempts a local zoning ordinance that bans surface metal mining within the Spearfish Canyon area of South Dakota. The court first holds that miners' preemption claim against the county ordinance is ripe. The miners have shown a realistic danger of...

Leisnoi, Inc. v. Stratman

The court holds that under the Alaska Native Claims Settlement Act (ANCSA) a native regional corporation need not obtain the consent of a native village corporation to mine on lands that are patented to the village but located outside the village's boundaries. The court first holds that the boundari...