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Res judicata

Penobscot Nation v. Georgia-Pacific Corp.

The court dismisses on res judicata grounds Native American tribes' claim that they did not have to provide pulp and paper mills with documents concerning the tribes' regulation under the Clean Water Act of the mills' wastewater...

State v. Carroll

The court holds that the doctrine of res judicata does not bar landowners' third-party state-law contribution and indemnification claim against a neighboring company for cleanup costs the state incurred in its efforts to remedy...

United States v. Power Eng'g Co.

The court rejects the Eighth Circuit's holding in Harmon Industries, Inc. v. Browner, 191 F.3d 894, 29 ELR 21412 (8th Cir. 1999), and holds that the Resource Conservation...

Froebel v. Meyer

The court holds that claim preclusion bars an individual's Clean Water Act (CWA) §§402 and 404 suit against a state and state employees for removal of a dam. In state court, the individual challenged the state environmental agency's...

Florida Power & Light Co. v. United States

The court holds that the doctrine of res judicata does not bar nuclear utilities' claims that they were improperly charged by the U.S. Department of Energy (DOE) for decontamination and decommissioning costs in its contracts for...

Boothbay, Town of v. Getty Oil Co.

The court holds that under Maine law, the doctrine of res judicata bars a town from suing a gasoline company for environmental damage affecting the town's water supply insofar as the state previously litigated and settled claims against...

California v. Randtron

The court holds that a consent decree entered in federal court between the city of Lodi, California, and the primary insurer of a dissolved California corporation that polluted the city's groundwater does not preclude the city from...

Harmon Indus., Inc. v. Browner

The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's...

Pierson Sand & Gravel, Inc. v. Keeler Brass Co.

The court holds that the doctrine of res judicata does not bar a state court from presiding over landfill owners' state-law claims for response costs from potentially responsible parties even though the owners already sought relief...

Harmon Indus., Inc. v. Browner

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a...