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Preliminary

Knaust v. Kingston, City of

The court holds moot property owners appeal of a district court's denial of their motion for a preliminary injunction to enjoin federal funding and construction of a proposed business park. The property owners claim that the business...

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...

S.W. Shattuck Chem. Co. v. Denver, City & County of

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court...

Knaust v. Kingston, City of

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners' allegations that a proposed business park's stormwater...

Sierra Club v. San Antonio, City of

The court vacates a preliminary injunction that imposed limitations on the withdrawal of water from an aquifer to conserve endangered and threatened species. The court holds that plaintiff-appellee environmental group failed to meet the...

Chemical Weapons Working Group, Inc. v. Department of the Army

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first holds that the asserted risks of harm due...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court grants a preliminary injunction to restrain enforcement of New Jersey's flow control regulations for construction and demolition (C&D) debris and to require implementation of an alternative state regulatory plan. The...

United States v. Keystone Sanitation Co.

The court preliminarily enjoins the transfer of assets by a corporate landfill owner and related defendants in a U.S. Environmental Protection Agency (EPA) cost recovery action under the Comprehensive Environmental Response,...

Clean Ocean Action v. York

The court affirms a district court order denying citizen groups a preliminary injunction to stop ocean dumping of dioxin-contaminated materials dredged from the New York-New Jersey Port Authority's Newark/Port Elizabeth facility. The...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for...