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United States v. Production Plated Plastics, Inc.

The court holds that defendants found liable in a Resource Conservation and Recovery Act (RCRA) enforcement action may not sue an alleged owner/operator for contribution for remedial expenses. The court rules that RCRA does not provide for a right of contribution among joint tortfeasors. RCRA §7002...

Friends of the Sakonnet v. Dutra

The court holds that neither the automatic stay provision of the Bankruptcy Code nor the Consumer Credit Protection Act (CCPA) precludes plaintiffs from seeking a supplemental attachment against a Federal Water Pollution Control Act violator who was involuntarily forced into bankruptcy after the ori...

United States v. San Diego, City of

The court holds that San Diego has been in almost continuous violation of the Federal Water Pollution Control Act (FWPCA) since that law was enacted in 1972, and imposes a civil penalty of $3 million against the city. The court first refuses to defer consideration of the proposed consent decree to a...

Hudson River Fishermen's Ass'n v. New York, City of

The court holds that the district court properly found that New York City violated §301 of the Federal Water Pollution Control Act (FWPCA) by discharging chlorine and alum floc without a permit into a branch reservoir of one of the city's main water supply systems. The court concludes that the city...

Hazardous Waste Treatment Council v. Reilly

The court holds that the Environmental Protection Agency (EPA) properly declined to withdraw Resource Conservation and Recovery Act (RCRA) authorization for North Carolina's hazardous waste management program after the state enacted a statute that is more stringent than the federal standards. The No...

Natural Resources Defense Council v. EPA

The court holds that the Environmental Protection Agency's (EPA's) decision not to count fugitive emissions at surface coal mining operations in identifying "major emitting facilities" subject to the Clean Air Act's prevention of significant deterioration (PSD) requirements was not arbitrary and cap...

Roanoke River Basin Ass'n v. Hudson

The court holds that the Army Corps of Engineers did not violate the National Environmental Policy Act by failing to prepare an environmental impact statement (EIS) for its issuance of a Rivers and Harbors Act permit to Virginia Beach, Virginia, for construction of a water intake structure and pipel...

United States v. Rutana

The court holds that a district court improperly made a downward departure from the sentencing guidelines when it sentenced a co-owner and chief executive officer of a metal finishing company who had pled guilty to 18 counts of knowingly discharging pollutants into a public sewer system in violation...

United States v. Bayshore Assocs., Inc.

In an action brought by the Corps of Engineers under the Federal Water Pollution Control Act (FWPCA) and the Rivers and Harbors Act, the court upholds the district court's issuance of a temporary restraining order (TRO) and preliminary injunction preventing the defendant from dredging at its boat cl...

New York v. Amro Realty Corp.

The court holds that the pollution exclusion clauses of insurance policies bar coverage of the insureds for claims by New York under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and common law. The court first holds that it has jurisdiction, because the district...