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Dague v. Burlington, City of

The court holds that when a citizen suit under the Resource Conservation and Recovery Act (RCRA) includes a claim involving hazardous waste, the 60-day notice provision is inapplicable even if other RCRA claims not involving hazardous waste are brought. The broad interpretation in consistent with Co...

Government Suppliers Consolidating Servs. v. Bayh

The court enjoins the state of Indiana from enforcing a newly enacted law that prohibits in-state dumping of out-of-state solid waste without certification from a health officer of the source state that the solid waste does not contain any hazardous waste in violation of federal law or any infectiou...

Citizens for a Better Env't v. Deukmejian

The court holds that a citizens group has standing under the Clean Air Act to sue California for failing to meet the state implementation plan (SIP) levels for ozone and carbon monoxide in the Bay Area Air Quality Management District (District), and that California is mandated by the SIP to enact co...

Chevron, U.S.A., Inc. v. EPA

The court holds that Chevron's challenge to the upper limits in its national pollutant discharge elimination system permit issued pursuant to §402 of the Federal Water Pollution Control Act (FWPCA) for discharge of oil and grease from offshore oil facilities is time barred. Section 509(b)(1) of the...

Conservation Law Found. of New England v. Reilly

The court holds that environmental groups have standing to challenge the Administrator of the Environmental Protection Agency's failure to perform his nondiscretionary duty to assess federal facilities for inclusion on the National Priorities List as required under §120 of the Comprehensive Environ...

Dayton Indep. Sch. Dist. v. U.S. Mineral Prods. Co.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not provide a private right-of-action to cover asbestos removal cost recovery actions. A school district sought to recover from an asbestos manufacturer the costs of removing asbestos-contain...

Concerned Citizens of Sterling v. Connecticut Siting Council

The court holds that a state siting council did not violate state statutory and constitutional procedural requirements by granting a certificate of environmental compatibility and public need for the construction of a plant for the generation of electricity and other marketable byproducts from waste...

Earth Island Inst. v. Mosbacher

The court holds that environmental groups are entitled to a preliminary injunction to halt the importation into the United States of commercial yellowfin tuna or yellowfin tuna products harvested by any foreign nation with purse seine nets in the eastern tropical Pacific until the Secretary of Comme...

Colorado v. Idarado Mining Co.

The court holds that the district court lacked authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to issue an injunction requiring defendants to perform Colorado's cleanup plan at hazardous waste sites near defendants' mining operations. The court init...

Werlein v. United States

The court holds, for the most part, that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars injunctive relief claims under CERCLA, the Resource Conservation and Recovery Act (RCRA), the Federal Water Pollution Control Act (FWPCA), and the Minnesota En...