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Colorado v. Department of the Army

The court holds that Colorado may pursue its enforcement action under the Resource Conservation and Recovery Act (RCRA) against the United States Army for violations of state hazardous waste regulations at a portion of the Rocky Mountain Arsenal, even though the Environmental Protection Agency (EPA)...

Environmental Defense Fund v. NRC

The court holds that Atomic Energy Act (AEA) §84(c) allows the Nuclear Regulatory Commission (NRC) to deviate from the Environmental Protection Agency's (EPA's) general standards for uranium and thorium mill tailings without EPA's concurrence when approving site-specific licenses where compliance w...

Channel Master Satellite Sys., Inc. v. JFD Elecs. Corp.

The court holds that a buyer of land may recover response costs from the seller under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), despite provisions in the sales agreement dealing with warranties, the "as is" condition of the land, and indemnification...

General Motors Corp. v. EPA

The court holds that, under Clean Air Act §113(d), the Environmental Protection Agency (EPA) has no authority to disapprove a state-issued delayed compliance order (DCO) that has expired by its own terms. In January 1987, Texas issued the DCO to allow General Motors to exceed air pollution limits u...

Friends of Walker Creek Wetlands v. BLM

The court holds that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA) by failing to issue an environmental impact statement (EIS) for a proposed timber sale in Oregon, but also holds that the agency failed to provide for adequate public participation i...

Wickland Oil Terminals v. Asarco, Inc.

The court holds that a landowner that did not own or operate a hazardous waste facility during the time when waste was deposited at the site is not entitled to the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) innocent landowner defense. CERCLA §101(35) requires...

United States v. T&S Brass & Bronze Works, Inc.

The court holds that the district court's imposition of a $1,000 per day civil penalty for 195 days of violations of the Resource Conservation and Recovery Act (RCRA) was not excessive. The district court had heldthat defendant violated RCRA by failing to certify compliance with RCRA's financial res...

CECOS Int'l, Inc. v. Jorling

The court holds that amendments to the provisions of the New York State Environmental Conservation Law regulating the siting of hazardous waste disposal facilities do not violate the equal protection and due process rights of the owner of a commercial hazardous waste disposal facility. The amendment...

Cox v. Velsicol Chem. Corp.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt state tort claims against pesticide manufacturers for failure to adequately warn about the risks associated with chlordane use. Plaintiffs allege the decedent developed lung cancer as a result of ex...

Wagner Seed Co. v. Bush

The Court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106(b)(2), permitting Superfund reimbursement for companies ordered to clean up environmental damage for which they are not liable, does not apply if cleanup was already underway when §106(b)(2) wa...