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Environmental Defense Fund v. Thomas

The court grants attorney fees and expenses of $49,738.14 under Resource Conservation and Recovery Act (RCRA) §7002 for costs of challenging Environmental Protection Agency (EPA) and Office of Management and Budget (OMB) delay in promulgating underground waste disposal tank regulations under RCRA �...

Commonwealth v. Parker White Metal Co.

The Pennsylvania Supreme Court holds that two enforcement provisions of the state Solid Waste Management Act allowing for different penalties for the same violations do not violate equal protection or due process under either the United States or Pennsylvania Constitutions. The court first rules tha...

In re Franklin Signal Corp.

The court holds that the trustee in a Chapter 7 bankruptcy may abandon, pursuant to 11 U.S.C. §554(a), drums containing hazardous waste where the estate does not have sufficient assets to comply with state environmental laws. The court initially rules that the bankruptcy court cannot authorize the ...

In re Commonwealth Oil Ref. Co.

The court holds that an Environmental Protection Agency's (EPA's) Resource Conservation and Recovery Act (RCRA) §3008 action ordering compliance with federal and state environmental laws is exempt from the automatic stay provision of the Bankruptcy Reform Act and should not be stayed under §105 of...

Van Abbema v. Fornell

The court rules that the Army Corps of Engineers in part properly issued a permit under §10 of the Rivers and Harbors Act, but that on the record the court cannot conclude that the Corps adequately evaluated the economics of and alternatives to the facility to be permitted. Initially, the court hol...

Fishel v. Westinghouse Elec. Corp.

The court holds that the imposition of a $10,000 civil penalty against one codefendant found in violation of the Resource Conservation and Recovery Act (RCRA) and the Federal Water Pollution Control Act (FWPCA) is reasonable taking into account the factors enumerated in the Environmental Protection ...

Coalition Against a Raised Expressway v. Dole

The court holds that the Department of Transportation (DOT) and the Federal Highway Administration violated §4(f) of the DOT Act by failing to determine that significant indirect impacts on historic sites located near a proposed interstate highway connector in Mobile, Alabama, constitute a construc...

Idaho v. Bunker Hill Co.

The court rules on motions for summary judgment brought by insurance companies regarding their duty to defend and indemnify their insured in an action brought by the state of Idaho under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state law. The court initi...

Utah State Dep't of Health v. Ng

The court holds that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to §107 actions, a state may not seek injunctive relief under CERCLA §107, and the state's failure to comply with the 90-day notice of...

ENSCO, Inc. v. Dumas

The court holds that the Resource Conservation and Recovery Act (RCRA) preempts a Union County, Arkansas, ordinance banning the storage, treatment, or disposal of acute hazardous waste. RCRA §3009 allows local governments to impose regulations more stringent than federal requirements and thus does ...