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United States v. Brook Contracting Corp.

The court rules that the Surface Mining Control and Reclamation Act (SMCRA) §402 reclamation fee may be levied only upon the weight of combustible coal mined, not on the weight of rock, clay, dirt, and other debris mined with the coal.The court preliminarily holds that the district court's grant of...

United States v. Pollution Abatement Servs. of Oswego, Inc.

The court holds that individual corporate officers may be personally liable for the corporation's operation of an industrial waste disposal service in violation of §13 of the Rivers and Harbors Appropriation Act. In this appeal from a district court judgment against Pollution Abatement Services and...

Philadelphia Elec. Co. v. Hercules, Inc.

The Court holds that under Pennsylvania law a purchaser of land, who cleaned up hazardous wastes placed on the land by the corporate predecessor of the seller of the land, does not have a viable cause of action against the seller for cleanup costs in private or public nuisance or common-law indemnit...

United States v. ILCO, Inc.

The court holds that a suit seeking to enforce various federal environmental laws against a debtor in an ongoing Chapter 11 bankruptcy proceeding may be withdrawn from the bankruptcy judge and is exempt from the automatic bankruptcy stay.
The court first holds that the suit, alleging violations of ...

Sharon Steel Corp. v. Fairmont, City of

The court holds that a county ordinance declaring the permanent disposal of hazardous wastes in Fairmont, West Virginia, to be a public nuisance is not preempted by the Resource Conservation and Recovery Act (RCRA) or by the West Virginia Hazardous Waste Management Act (WVHWMA) and does not ban safe...

Industrial Park Dev. Co. v. EPA

The court holds that although a property owner demonstrated the likelihood of success on the merits of an action to prevent Environmental Protection Agency (EPA) entry onto its land to remove hazardous wastes located there as a result of a dispute over the measures to be taken by plaintiff to comply...

Artesian Water Co. v. Government of New Castle County

In a private action to recover response costs pursuant to §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that plaintiff water company must obtain prior governmental approval of its remedial actions as a prerequisite to recovery of its cos...

Baltimore & Ohio R.R. v. Oberly

In a suit brought by owners of an interstate railroad facility seeking a preliminary injunction to prevent Delaware from enforcing its state Noise Control Act, the court holds that plaintiffs have demonstrated a reasonable probability of success on the merits for their argument that the federal Nois...

United States v. Fort Smith, City of

The court holds that a city requesting the modification of a sewage treatment consent decree must be allowed to present evidence supporting its allegation of mutual mistake in the need for construction of new treatment facilities, despite a clause in the decree providing that technological infeasibi...

United States v. Ethyl Corp.

The court holds that in a civil enforcement proceeding under the Clean Air Act, the district court lacks jurisdiction to determine whether the Environmental Protection Agency (EPA) properly classified §112 hazardous air pollutant regulations as emission standards, and, alternatively, that the regul...