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Flacke v. Onondaga Landfill Sys., Inc.

The court holds that the Department of Environmental Conservation (DEC) did not relinquish its jurisdiction over the closure of defendant's landfill by commencing an action to compel compliance with a DEC closure order. The court holds that the trial court and the DEC do not have concurrent jurisdic...

Bunker Ltd. Partnership

The court holds moot a mining and smelting complex owner's appeal of the district court's refusal to quash an ex parte administrative inspection warrant issued to the Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The c...

Foundation on Economic Trends v. Lyng

The court holds that the Department of Agriculture (USDA) is not required to prepare a programmatic environmental impact statement on its animal productivity research, since USDA's decision to focus its research on developing faster growing, more productive, and larger animals is not a proposal for ...

United States v. Troup

The court holds that a defense to a collection action under §402(a) of the Surface Mining Control and Reclamation Act (SMCRA) contending that reclamation fees need only be paid on the weight of the coal after it has been cleaned constitutes a challenge to SMCRA regulations and hence can only be bro...

Walls v. Waste Resource Corp.

The court holds that the 60-day notice provision in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to private cost recovery actions under CERCLA §107(a). The court adopts the reasoning in Dedham Water Co. v. Cumberland Farms Dairy, Inc....

Wehner v. Syntex Corp.

The court holds that residents and owners of property in Times Beach, Missouri, can maintain a class action for response costs pursuant to §107 of the Comprehensive Environmental Response, Compensation, and Liability Act for damages related to dioxin contamination. The court holds that the plaintif...

Colt Indus. v. United States

The court rules that civil penalties assessed against a taxpayer pursuant to §309(d) of the Federal Water Pollution Control Act (FWPCA) and §113(b) of the Clean Air Act (CAA) constitute a "fine or similar penalty paid to a government for the violation of [a] law" and therefore are not deductible u...

Envirosafe Servs. of Idaho, Inc. v. Owyhee, County of

The court holds that the Idaho Hazardous Waste Management Act (HWMA) preempts a county ordinance governing the disposal of hazardous wastes and polychlorinated biphenyls (PCBs). The court first holds that the HWMA preempts local regulation of hazardous waste disposal. While the Act does not expressl...

Wilder v. Thomas

The court holds that the plaintiffs, who sued state and local officials under the Clean Air Act's citizen suit provision to challenge a proposed building project in midtown Manhattan, failed to state a valid claim. The court first holds that plaintiffs' claim that the project would prevent the elimi...

Cresenzi Bird Importers, Inc. v. New York

The court holds that the New York Wild Bird Law, which bans the sale of wild birds within the state, is not preempted by the Endangered Species Act (ESA) or federal quarantine law and does not impose an unconstitutional burden on interstate commerce. The court first rules that the ESA does not preem...