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State v. Howe Cleaners, Inc.

The Vermont Supreme Court affirmed a lower court decision dismissing the state's attempt to hold prior and past owners liable for its costs of responding to and cleaning up a hazardous waste contamination site. The state failed to demonstrate that the trial court erred in dismissing its common law p...

Arkema, Inc. v. EPA

The D.C. Circuit remanded an EPA rule that retroactively altered allowances for controlling the production, import, and export of hydrochlorofluorocarbons that had been allowed under prior regulations. A 2003 rule allowed both inter-pollutant and intercompany transfers of allowances, but in the 2010...

Sheffield v. Fort Thomas, City of

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...

Northern Int'l Remail & Express Co. v. Robbins

A New Jersey appellate court held that liability under the New Jersey Spill Compensation and Control Act is not imposed if a party's only link to the discharge is through the passive migration of pre-existing contamination. Accordingly, the court affirmed a lower court decision dismissing a property...

American Trucking Ass'ns v Los Angeles, City of

A district court upheld a "Clean Air Action Plan" adopted by a California port designed, among other things, to reduce emissions related to port operations, including emissions from heavily polluting trucks. A trucking association argued that the program was preempted by the Federal Aviation Adminis...

Cook v. Rockwell Int'l Corp.

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd.

Massachusetts' highest court upheld a Massachusetts Energy Facilities Siting Board decision approving a power company's petition to build and operate two electric transmission lines to connect a proposed offshore wind-powered energy generating facility to the regional electric power grid. The power ...

Association of Am. RRs. v. South Coast Air Quality Management

The Ninth Circuit held that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts three local government agency rules aimed at limiting air pollution from idling trains. The rules have not become a part of California's EPA-approved SIP and, thus, do not have the force and effec...

Wilcox v. Homestake Mining Co.

The Tenth Circuit affirmed a lower court decision dismissing individuals' Price Anderson Act lawsuit against a mining company for injuries allegedly caused by their exposure to radiation from the company's uranium mill in New Mexico. The district court correctly granted summary judgment to the minin...

Sierra Club. v. Duke Energy Ind., Inc.

A district court held that an environmental group's claims against an electric company for violating PSD requirements before making major modifications to one of its plants are time barred, but it stayed final entry of the judgment pending the ruling of the Seventh Circuit in a similar case. PSD obl...