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United States v. General Dynamics Corp.

The court holds that a defense contractor's compliance with a Texas Air Control Board's order concerning volatile organic compound (VOC) emissions at an Air Force production facility is not the equivalent of compliance with the Texas state implementation plan (SIP). The order allowed the defendant t...

United States v. Sellers

The court upholds an individual's conviction and sentence for knowingly and willfully disposing of a hazardous waste without a permit in violation of §3008(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA). A jury found the defendant guilty of dumping 16 drums of hazardous paint waste, ...

Mobay Corp. v. Allied-Signal, Inc.

The court holds that the corporate parent of a company that manufactured organic pigments at a site later determined to be contaminated with hazardous waste may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the activities of its subsidiary and...

National Envtl. Found. v. ABC Rail Corp.

The court holds that the 60-day notice requirement for citizen suits under §505(b) of the Federal Water Pollution Control Act is mandatory. An environmental organization gave an industrial polluter only one day notice of intent to sue for violations of its national pollutant discharge elimination s...

United States v. Cordova Chem. Co. of Mich.

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars judicial review of a counterclaim filed by a potentially responsible party (PRP) under CERCLA's citizen suit provision alleging that the Environmental Protection Agency (EPA) comp...

United States v. Cordova Chem. Co. of Mich.

The court holds that issues of material fact remain concerning the liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERLCA) of a corporate officer. Ruling on the corporate officer's motion for reconsideration of the court's denial of his motion for summary j...

Fort Pierre, City of v. United Fire & Casualty Co.

The court holds that an insurer had no duty under a public officials errors and omissions policy to defend an insured against suit by the federal government for allegedly filling a wetland without a Federal Water Pollution Control Act (FWPCA) §404 permit. The Corps of Engineers issued a cease and d...

Shell Offshore, Inc. v. Baldwin County Comm'n

The court holds that the trial court did not err in reversing the Alabama Environmental Management Commission's (AEMC's) denial of a stay of a permit allowing an oil company to discharge drilling fluids from a well in Alabama's coastal waters. The Alabama Department of Environmental Management issue...

Public Interest Research Group of N.J. v. Witco Chem. Corp.

The court holds that a preexisting state environmental enforcement action and a civil penalty assessment against a chemical company do not bar a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) for alleged violations of the company's pollutant discharge permit. The court h...

Public Interest Research Group of N.J. v. Witco Chem. Corp.

The court holds that the five-year statute of limitations in 28 U.S.C. §2462 does not begin to run in a Federal Water Pollution Control Act citizen suit until the date the defendant files its discharge monitoring reports, and not from the date of violation. A plaintiff's cause of action accrues at ...