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BFI Medical Waste Sys. v. Whatcom County

The court rules that a county ordinance that bans infectious medical wastes generated outside of the county violates the Commerce Clause of the U.S. Constitution. Citing the U.S. Supreme Court's decision in City of Philadelphia v. New Jersey, 8 ELR 20540, the court holds that the ordinance is uncons...

Atlantic States Legal Found. v. Eastman Kodak Co.

The court rules that a settlement between the defendant in a properly commenced Federal Water Pollution Control Act (FWPCA) citizen suit and state officials is grounds for dismissing the citizen suit if the settlement has caused the violations to cease and eliminated any reasonable likelihood of rec...

United States v. Western Processing Co.

The court holds that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not waive the Environmental Protection Agency's (EPA's) sovereign immunity from contribution claims by responsible parties, based on EPA's regulatory activities at a Superfund site. ...

Fertilizer Inst. v. EPA

The court rules that the Environmental Protection Agency's (EPA's) interpretation of "release" in its rule regulating the reporting requirement for releases of radionuclides is contrary to the express language of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and...

Vernon Village, Inc. v. Gottier

The court holds that the owners of a Connecticut trailer park are not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), or state law to a park resident for damages resulting from the release of chromium...

In re Consolidated Land Disposal Regulation Litig.

The court holds that the Environmental Protection Agency's (EPA's) adoption of permitting regulations for closed land disposal facilities and groundwater monitoring and cleanup standards for disposal sites located above aquifers was within its authority under the Resource Conservation and Recovery A...

Headwaters, Inc. v. BLM

The court denies an environmental group's petition for rehearing of a National Environmental Policy Act (NEPA) claim against the Bureau of Land Management (BLM) based on the recent listing of the northern spotted owl as an endangered species. The court holds that the endangered species designation d...

Esposito v. South Carolina Coastal Council

The court holds that the South Carolina Beachfront Management Act does not violate the Takings and Due Process Clauses of the U.S. Constitution. In separate actions consolidated on appeal, the owners of developed and undeveloped beachfront property challenged provisions of the Act prohibiting the re...

Dow Chem. Co. v. Alfaro

The court holds that the doctrine of forum non conveniens does not bar a personal injury action brought in Texas by foreign plaintiffs against Delaware corporations authorized to do business in Texas. Employees of a Costa Rican fruit company seek damages for physical and mental injuries arising out ...

Atochem N. Am., Inc. v. EPA

The court rules that the Environmental Protection Agency (EPA) acted within its discretion under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Organotin Antifouling Paint Control Act (OAPCA) in issuing a data call-in notice to all tributyltin (TBT) manufacturers and antifou...