Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Electric Power Bd. of Chattanooga v. Monsanto Co.

The court holds that Tennessee's statute of repose and the state's Products Liability Act bar the claims of plaintiff electric utilities boards for damages suffered by them because of the existence of polychlorinated biphenyls (PCBs) in equipment purchased from the defendant more than 10 years prior...

Electric Power Bd. of Chattanooga v. Monsanto Co.

The court holds that the Tennessee statute of repose is preempted by §309 of the Comprehensive Environmental Response, Compensation, and Liability Act, added by the 1986 Superfund amendments, with regard to actions for damages involving exposure to hazardous substances. The court holds that the sta...

United States v. Tyson

The court holds that the past and present owners of the Tyson's Lagoons dumpsite in Pennsylvania and companies that disposed of industrial wastes there are responsible parties (RPs) liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the Environmenta...

Citizens for an Orderly Energy Policy v. Suffolk, County of

In a per curiam opinion, the court holds that Suffolk County's resolutions not to participate in off-site emergency evacuation planning for a proposed nuclear power plant do not violate and are not preempted by the Atomic Energy Act, the Supremacy Clause, or 42 U.S.C. §1983. The resolutions do not ...

Continental Ins. Cos. v. Northeastern Pharmaceutical & Chem. Co.

The court holds that cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that were incurred after the expiration of an insurance policy are recoverable under the policy where disposal and environmental contamination took place during the policy peri...

Chesapeake Bay Found. v. Bethlehem Steel Corp.

The court rules that the Federal Water Pollution Control Act's (FWPCA's) citizen suit provisions are constitutional, the provisions are satisfied if notice is provided to the government of some of the violations to be alleged and the remaining violations are similar, and continuous permit violations...

Donahue v. Marsh

The court holds that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act (NEPA) in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spoil material from the project. Plaintiff landowner...

Donahue v. Marsh

In a per curiam opinion, the court affirms the district court's holding that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spo...

Cuomo v. NRC

The court holds that a challenge to orders issued by the Nuclear Regulatory Commission (NRC) authorizing low-power testing at the Shoreham nuclear power plant in New York was mooted when the low-power testing was conducted. The court therefore does not reach claims raised by Suffolk County and the g...

Hendler v. United States

The court holds that the issuance of an Environmental Protection Agency (EPA) order under the Comprehensive Environmental Response, Compensation, and Liability Act requiring access to private property does not constitute a taking without just compensation in violation of the Fifth Amendment. EPA iss...