The court declines to dismiss 33 affirmative defenses in an action brought under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 and Resource Conservation and Recovery Act (RCRA) §7003. The court initially observes that motions to strike defenses under Federal R...

The court denies a motion to reconsider and modify its December 11, 1986, decision, 17 ELR 20242, which held that de novo review of the Environmental Protection Agency's (EPA's) selected remedy is appropriate under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 ...

The court holds that a federal district court does not have authority under the Anti-Injunction Act to enjoin Illinois from seeking injunctive relief in state court to require the Kerr-McGee Chemical Corp. to remove and dispose of radioactive wastes at Kerr-McGee's West Chicago facility. The court h...

The court holds that the district court abused its discretion and erred as a matter of law by modifying a consent decree between the Environmental Protection Agency and the Wheeling-Pittsburgh Steel Corporation (Wheeling), relieving Wheeling of its obligation to meet particulate matter emissions lim...

The court holds that an addendum to the Department of Agriculture's environmental impact statement (EIS) on its gypsy moth eradication program brought the EIS's worst-case analysis into compliance with the National Environmental Policy Act's (NEPA's) readability requirement, and the district court e...

In this action brought by the Redevelopment Authority to recover cleanup costs for a site contaminated with chromium waste, the court holds that PPG, the generator and former owner of the facility that generated the waste, is not a covered person under §107(a) of CERCLA. While it was foreseeable th...

The court rules that a citizen suit based on multiple, sporadic, and past violations of effluent limitations contained in national pollutant discharge elimination system (NPDES) permits cannot be maintained under §505 of the Federal Water Pollution Control Act (FWPCA). In this consolidated action, ...

The court holds that a hazardous waste treatment facility is not entitled to be exempted from Ohio's permitting requirements, and upholds the assessment of civil penalties against the operators of the facility. The court first holds that the facility is not entitled to an exemption from Ohio's permi...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides for joint and several liability among responsible parties and that there is a private right of contribution under CERCLA. The court first rules that CERCLA provides for joint and several ...

The court holds that strict liability applies to civil violations of the Clean Air Act (CAA) and the national emission standard for hazardous air pollutants (NESHAP) for asbestos. The language and legislative history of the CAA, as well as the case law interpreting the statute and the emissions stan...