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Commissioner v. Jean

The Supreme Court holds that the Equal Access to Justice Act (EAJA) covers attorney fees in all phases of successful civil litigation addressed by the Act, so that once a court determines that the United States was not " substantially justified" in the underlying litigation on the merits, fees incur...

Durez Div. of Occidental Chem. Corp. v. OSHA

The court holds that the Occupational Safety and Health Administration's (OSHA's) Hazard Communication Standard (HCS) requires a chemical manufacturing company to disclose the potential for a chemical compound to cause heart, liver, and kidney damage, regardless of foreseeable exposure to employees....

United States v. Union Gas Co.

The court denies defendant's motion to dismiss Pennsylvania's counterclaim for contribution under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because questions remain concerning whether the counterclaim addresses the same issues covered by a settlem...

United States v. Conservation Chem. Co.

The court issues a pretrial order to simply management of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 abatement action. First, the court appoints liaison counsel for four classes of defendants (the number of defendants in each is identified parenthetically)...

Citizens for a Better Env't v. Thomas

The court holds that Toxic Substances Control Act (TSCA) §21 is constitutional, authorizing a court to order the Environmental Protection Agency (EPA) to initiate rulemaking under TSCA §4, but not authorizing a court to order EPA to promulgate a rule. TSCA §21 allows citizens to petition EPA for ...

Comite Pro Rescate de la Salud v. Puerto Rico Aqueduct & Sewer Auth.

The court holds that the Resource Conservation and Recovery Act's (RCRA's) domestic sewage exclusion applies to hazardous wastes discharged into an industrial park's sewer system, even though the wastes never reach a treatment plant, but that plaintiff's have made good-faith allegations of continuin...