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Mardan Corp. v. C.G.C. Music, Ltd.

The court rules that costs incurred to comply with the Resource Conservation and Recovery Act (RCRA) are response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but that plaintiff waste site owner's action against the prior owner is barried by a relea...

Hallie, Town of v. Eau Claire, City of

The Court holds that anticompetitive sewage treatment activities of a municipality, undertaken pursuant to a clearly articulated state policy of replacing competition with regulation, are protected by the state action exemption from the antitrust laws. States are exempt from the antitrust laws due t...

Ouellette v. International Paper Co.

The court holds that the Federal Water Pollution Control Act (FWPCA) authorizes actions to redress injury caused by pollution of interstate waters under the common law of the state in which the injury occurred. The court first reviews the Illinois v. City of Milwaukee litigation, and concludes that,...

Natural Resources Defense Council v. Administrator

The court holds that plaintiff environmental groups are not entitled under the Federal Water Pollution Control Act (FWPCA) to attorney fees from industry intervenors or the Environmental Protection Agency (EPA) for work performed in opposition to intervenors. Congress has not provided in the FWPCA a...

Sierra Club v. Clark

The court holds that the Endangered Species Act (ESA) prohibits the Secretary of Interior from issuing regulations permitting the sport trapping of eastern timber wolves, a threatened species, unless the Secretary determines that population pressures within the wolves' ecosystem cannot otherwise be ...

Sierra Club v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission (FERC) did not need to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for the issuance of a preliminary permit for a hydroelectric project on the Tuolumne River, because the permit did n...

In re Three Mile Island Litig.

The court holds that punitive damages are available under the Price-Anderson Act. Though the Act is intended as a compensatory rather than punitive scheme, Congress intended that state law be used to determine the damages available, subject only to the upper limits imposed by the Act. Congress expre...

United States v. Stringfellow

In an order to be followed by an explanatory opinion, the court reverses the order of the district court denying citizens living near the hazardous waste dump site that is the subject of this action intervention as of right. The court therefore also vacates the portion of the order granting permissi...

Kenney v. Scientific, Inc.

The court rules that generators of hazardous waste are strictly or absolutely liable for injuries caused by wastes leaking from disposal sites, but that waste haulers, municipal dump owners, and state regulators are not. Ruling on summary judgment motions by several groups of defendants in an action...

United States v. P/B STCO 213

The court rules that cleanup cost recovery actions under Federal Water Pollution Control Act (FWPCA) §311(f)(1) are governed by a six-year statute of limitations under 28 U.S.C. §2415(a). The court notes that the FWPCA does not specify a statute of limitations and its legislative history does not ...