The court holds that plaintiffs in Federal Water Pollution Control Act (FWPCA) §505 citizen suits may seek injunctive and civil penalties if a defendant is in violation on or after the date the complaint is filed. The court, referring to the Supreme Court's decision in Gwaltney of Smithfield, Ltd. ...
The court holds that it lacks jurisdiction to review the Environmental Protection Agency's (EPA's) preliminary partial disapproval of Maryland's and Virginia's lists of toxic hot-spots under §304(l)of the Federal Water Pollution Control Act (FWPCA). The owner of several Kraft pulp and paper mills c...
The court holds that the Bureau of Indian Affairs and the Indian Health Service cannot use appropriations for water and sewer facilities at an Indian reservation to fund the cost of dump site cleanups under the Resource Conservation and Recovery Act (RCRA). The court concludes that the federal defen...
The court generally upholds the Environmental Protection Agency's (EPA's) final rule, promulgated under §4(a)(1)(B) of the Toxic Substances Control Act, requiring manufacturers and processors of the chemical cumene (isopropyl benzene) to test the chemical's health and environmental effects. The cou...
The Court holds that California's minimum flow rate requirements, which allow water to remain in a bypassed section of a stream and unavailable to drive hydroelectric generators, are preempted by the Federal Energy Regulatory Commission's (FERC's) minimum flow rates set under the Federal Power Act (...
The court enjoins implementation of the South Carolina Beachfront Management Act's prohibitions on constructing new buildings on vacant lots adjacent to the Atlantic Ocean. The court previously held that the Act constitutes a taking of plaintiff's property. However, the court holds that the Eleventh...
The court awards a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) plaintiff pre- and post-filing attorney fees, expenses, and prejudgment interest. The court holds that attorney fees are properly recoverable by CERCLA plaintiffs as response costs. The court finds that...
The court holds that an insured manufacturer's intentional and continuous dispersal of pollutants into sewer lines, a sewage treatment facility, and town landfill falls within the pollution exclusion provision of the manufacturer's general liability insurance policy. The manufacturer's activities we...
The court holds that defendant's counsel suffers from a conflict-of-interest and disqualifies counsel from this hazardous waste case for learning privileged information while being interviewed as a potential replacement for plaintiff's outside counsel. Plaintiff had retained law firms from Chicago a...
The court holds a defendant jointly and severally liable for response costs at the Western Processing site under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 because the defendant was responsible for some arsenic and the sources of arsenic at the site are indi...