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Preemption

Boyes v. Shell Oil Prods. Co.

The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's...

Gilroy Canning Co. v. California Canners & Growers

The court holds that a canning company may seek cleanup and abatement costs from the former owner of its canning operation site under the Resource Conservation and Recovery Act (RCRA). The court first holds that the canning company's...

In re Tutu Wells Contamination Litig.

The court holds that summary judgment cannot be granted on the issue of corporate officers' Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) liability, but a successor corporation may be held liable under...

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...

Ashoff v. Ukiah, City of

The court holds that the Resource Conservation and Recovery Act (RCRA) does not authorize a citizen suit against a California city's solid waste disposal site for violation of RCRA authorized state regulations that are more stringent...