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United States v. Washington

The court holds that Resource Conservation and Recovery Act (RCRA) §6001 does not waive the United States' sovereign immunity from civil penalties assessed by a state agency for violations of state hazardous waste laws. The court first observes that waivers of sovereign immunity cannot be implied a...

Chicago Ass'n of Commerce & Indus. v. EPA

The court holds that a district court properly dismissed a Federal Water Pollution Control Act (FWPCA) citizen suit challenge to the Environmental Protection Agency's (EPA's) denial of a publicly owned treatment works' (POTW's) application for authority to issue removal credits to indirect discharge...

Chesapeake Utils. Corp. v. American Home Assurance Co.

The court rules that under Maryland and Delaware law the term "damages" in a comprehensive general liability (CGL) insurance policy may include environmental cleanup costs. The court first holds that claims arising from contamination of the insured's Maryland and Delaware sites will be resolved unde...

Colorado v. Idarado Mining Co.

The court holds that defendant mining companies and mine operators are jointly and severally liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the state of Colorado's past and future response costs in connection with its cleanup of hazardous...

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...