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Enforcement

United States v. Kelly

The court holds that a district court properly instructed a jury on the statutory elements necessary to convict the president of an underground storage tank removal company under Resource Conservation and Recovery Act (RCRA) §3008(d)...

United States v. Kelley Tech. Coatings, Inc.

The court affirms the convictions of a paint manufacturing company and its vice president for knowingly storing and disposing of hazardous waste without a permit in violation of Resource Conservation and Recovery Act (RCRA) §3008(d)(2)(...

United States v. Power Eng'g Co.

The court holds that a metal refinisher must provide $3.5 million in financial assurances for proper closure of a hazardous waste facility in Colorado. The federal government secured a district court injunction ordering the refinisher...

United States v. Power Eng'g Co.

The court orders a metal refinishing facility to provide $3.5 million in financial assurances under a Colorado regulation that requires owners and operators of hazardous waste facilities to secure necessary resources for the proper...

United States v. Henry

The court upholds the conviction of the owner of a contaminated soil recycling facility under Resource Conservation and Recover Act (RCRA) §3008(d)(1) for transporting hazardous waste to an unpermitted facility. The court first holds...

Kasza v. Browner

The court holds that the military and state secrets privilege and the Resource Conservation and Recovery Act (RCRA) §6001 presidential exemption bar two RCRA citizen suits against the U.S. Air Force and the U.S. Environmental Protection...

Wilson v. Amoco Corp.

The court issues a mandatoryinjunction against an oil company for extensive contamination of a river and surrounding land, but due to lack of evidence refuses to enjoin three other companies. The court first declines to invoke the...

Wheeling-Pittsburgh Steel Corp. v. EPA

The court affirms the dismissal of a steel company's petition for dispute resolution under a consent decree between the company and the U.S. Environmental Protection Agency (EPA) concerning a surface impoundment at the company's...

In re Marine Shale Processors, Inc.

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to...