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Environmental Defense Fund v. Wheelabrator Technologies, Inc.

The court rules that §3001(i) of the Resource Conservation and Recovery Act (RCRA) excludes ash produced by waste-to-energy resource recovery facilities from regulation as a hazardous waste under RCRA Subtitle C, as long as the particular facility does not accept hazardous waste for incineration an...

Lutz v. Chromatex

The court holds that citizen suits under the Resource Conservation and Recovery Act (RCRA) could be based on provisions of the authorized state hazardous waste program, Pennsylvania's Solid Waste Management Act. In denying defendant's motion to dismiss a complaint for failure to state a claim in a c...

United States v. Kayser-Roth Corp.

The court holds that the parent corporation of a defunct textile company is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the government's response costs in responding to drinking water contamination caused by the textile company's trichloroethyl...

United States v. Hooker Chems. & Plastics Corp.

The court holds that Occidental Chemical Company is liable for creating a public nuisance at the Love Canal landfill even though Occidental gave the new owner notice that hazardous wastes had been disposed of in the canal. Occidental deposited 40 million pounds of liquid and solid chemical waste in ...

Progressive Animal Welfare Soc'y v. Department of the Navy

The court holds that the Navy must prepare an environmental impact statement before taking dolphins from the wild for military use. Environmental and animal rights groups filed suit under the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), challenging Marine Mamm...

Environmental Defense Fund v. Chicago, City of

The court rules that §3001(i) of the Resource Conservation and Recovery Act (RCRA) excludes ash produced by waste-to-energy resource recovery facilities from regulation as a hazardous waste under RCRA Subtitle C, as long as the particular facility does not accept hazardous waste for incineration an...

Technicon Elecs. Corp. v. American Home Assurance Co.

The New York Court of Appeals holds that an insurer has no duty to indemnify or defend the insured, since the pollution exclusion clause of the insured's comprehensive general liability insurance policy bars coverage for environmental cleanup costs if the discharges were not "sudden and accidental."...

Joslyn Mfg. Co. v. T.L. James & Co.

The court rules that parent corporations are not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the violations of their wholly owned subsidiaries. The court, disagreeing with the Second Circuit, refuses to alter the general rule in corporation law...

Macht v. Skinner

The court refuses to grant opponents of a Maryland light rail project a preliminary injunction to halt construction because they failed to demonstrate "major federal action" sufficient to invoke National Environmental Policy Act (NEPA) compliance. The court holds that early federal involvement and p...

International Union v. Amerace Corp.

The court dismisses a union's Federal Water Pollution Control Act (FWPCA) citizen suit against predecessor and successor electroplating and metal finishing plant owners for wholly past FWPCA violations. The court first holds that the union failed to demonstrate the predecessor's FWPCA liability beca...