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Held not waived

New York v. General Electric Co.

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the...

Litgo New Jersey, Inc. v. Jackson

A district court granted a motion to dismiss Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act, and New Jersey Spill Compensation and Control Act claims filed against...

Farricielli v. Holbrook

The court vacates a district court decision denying Eleventh Amendment immunity to the commissioner of a state environmental agency who allegedly violated the Resource Conservation and Recovery Act (RCRA) by taking no action to prevent...

Atlantic States Legal Found. v. Babbitt

The court holds that Eleventh Amendment sovereign immunity bars an environmental group's suit against a state environmental agency challenging the U.S. Fish and Wildlife Service's grant of a migratory bird depredation permit to the...

Michigan Peat v. EPA

The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a proposed §404 permit. The court first holds that the...

United States v. Iron Mountain Mines, Inc.

The court holds that defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by the state of California may bring CERCLA counterclaims against the state under the recoupment doctrine...

Mannington Mills, Inc. v. Shinn

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its...

Mullis Tree Serv., Inc. v. Bibb County

The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation ordinance violates the Commerce Clause...