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Florida Power & Light Co. v. Allis-Chalmers Corp.

The court rules that sale of a product containing a hazardous contaminant does not automatically subject the seller to liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). A utility that was held liable under CERCLA in connection with the disposal of el...

Student Pub. Interest Research Group of N.J. v. Monsanto Co.

The court holds that in a Federal Water Pollution Control Act (FWPCA) citizen suit, civil penalties ordinarily should not be granted for violations committed before the complaint is filed, but the precomplaint violations will be considered in assessment of the overall penalty. In light of the Suprem...

United States v. Alcan Foil Prods.

The court holds that the Environmental Protection Agency (EPA) is barred from bringing an enforcement action against an alleged violator of a state implementation plan (SIP) under the Clean Air Act until EPA acts on a proposed revision of the SIP, where EPA has delayed acting on the revision more th...

United States v. Aceto Agric. Chem. Corp.

The court holds that pesticide ingredient manufacturers can be held liable under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs at a site owned by a "downstream" formulator. The language of the statute and the legislative history ...

Artesian Water Co. v. Government of New Castle County

The court holds that a water utility cannot recover damages under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for economic losses resulting from injury to an aquifer where plaintiff's legally authorized water supply was neither contaminated nor reduced...

In re Commerce Oil Co.

The court holds that proceedings by the state to assess civil penalties under the Tennessee Water Quality Control Act (WQCA) fall within the police power exception to the automatic stay provision of the Bankruptcy Code. The court first holds that the case is not moot, despite the debtor's failure to...

State v. Diamond Int'l Corp.

The court holds that an action brought by New Hampshire for civil penalties for national pollutant discharge elimination system permit violations by the past and present owners of a paper mill is barred by a two-year state statute of limitations. The statute of limitations provides that all suits fo...

United States v. Seafab Metal Corp.

The court holds that review of an administrative order issued by the Environmental Protection Agency (EPA) under §3013 of the Resource Conservation and Recovery Act (RCRA) requiring the operator of a lead fabrication plant to submit a proposal for monitoring and analysis of soils and groundwater is...

McCarthy v. Thomas

The court holds that the Environmental Protection Agency (EPA) has not sufficiently demonstrated that it was impossible for it to meet a court-imposed deadline of March 31, 1988, for promulgating a federal implementation plan (FIP) under the Clean Air Act for Maricopa County, Arizona. The court prev...

Smith Land & Improvement Corp. v. Celotex Corp.

The court rules that caveat emptor is not a defense to liability for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that the doctrine of corporate successor liability is appropriate in CERCLA contribution claims. The purchaser of a tract of ...