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Modification of judgment, FRCP 60(b)

F.P. Woll & Co. v. Fifth & Mitchell St. Corp.

A district court held that the possibility that a settlement might not be collected is neither extraordinary nor unexpected and is therefore insufficient to reopen its final award of damages in an environmental contamination case. The...

United States v. Pauley

The court reverses a district court decision vacating a $25,000 fine against two individuals that violated the Clean Water Act (CWA) by trenching, grading, and filling wetlands without a permit. After having been found guilty of...

United States v. Kayser-Roth Corp.

The court holds that the U.S. Supreme Court's decision in United States v. Bestfoods, 524 U.S. 51, 28 ELR 21225 (1998), does not render the prospective application of a 1990...

Amoco Oil Co. v. EPA

The court holds that although the U.S. Environmental Protection Agency's (EPA's) withdrawal of a final administrative order (FAO) against an oil company rendered moot the oil company's appeal of a district court decision upholding the...

Cincinnati Ins. Co. v. Flanders Elec. Motor Serv., Inc.

The court holds that a company that is a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act is not entitled to relief from a final judgment that conflicts with a later state...

Northern Alaska Envtl. Ctr. v. Lujan

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS),...

United States v. Envirite Corp.

The court vacates a consent decree that required a waste treatment and disposal company to pay a $ 60,000 civil penalty for violations of the Resource Conservation and Recovery Act (RCRA) because the government wrongfully withheld...