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Citizen suits, §505

LM Nursing Service, Inc. v. Ferreira

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages...

Barnum Timber Co. v. United States Environmental Protection Agency

The Ninth Circuit held that a timber company has standing to challenge EPA's decision to retain the Redwood Creek in Northern California as an impaired water body under CWA §303(d). The company has suffered a reduction in the economic...

Sierra Club v. Elk Run Coal Co.

A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with...

Jeffers v. Wal-Mart Stores, Inc.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims...

Board of Trustees of Painesville Township v. Painesville, City of

The court dismisses a township's and construction company's lawsuit against a city under the Clean Water Act (CWA) for failing to extend wastewater treatment services outside the city's boundary, even though the outlying area was...

Andrus v. Agrevo USA Co.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law claims against a herbicide manufacturer. The farmer sought damages based on the herbicide's failure to perform as...

Piney Run Preservation Ass'n v. County Comm'rs of Carroll County, Md.

The court holds that a county's sewage treatment plant violated Federal Water Pollution Control Act (FWPCA) §301(a) by discharging heat into a stream located near environmental group members' homes. The court first holds that according...

Westfield, N.Y., Village of v. Welch's

The court holds that a district court abused its discretion by staying a village's action for a food processor's unpaid sewer user charges on the ground that there was a pending state court action addressing the same issue. The court...

Waste Action Project v. Clark County

The court holds that a county violated the Federal Water Pollution Control Act (FWPCA) by discharging stormwater runoff without a National Pollutant Discharge Elimination System (NPDES) permit. The court first holds that environmental...

Amigos Bravos v. Molycorp, Inc.

The court holds that it lacks subject matter jurisdiction to review environmental groups' Federal Water Pollution Control Act (FWPCA) citizen suit against a mining company allegedly discharging pollutants from its waste rock piles into...