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Resource Conservation and Recovery Act (RCRA)

El Paso Natural Gas Co. v. United States

The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and...

Evanston v. Texaco, Inc.

A district court held that a town may go forward with its RCRA and common law tort claims against an oil company for soil and groundwater contamination on and around a property formerly occupied by a gasoline service station. The...

United States v. Mountain State Carbon LLC

A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged...

Appalachian Voices v. McCarthy

A district court ordered EPA to submit within 60 days a schedule on when it proposes to complete its review and revision of its RCRA Subtitle D coal ash regulations. In 1980, Congress amended RCRA by adding §3001(b)(3)(A)(ii), known as...

Stratford Holding, LLC v. Foot Locker Retail Inc.

A district court held that a property owner may go forward with its CERCLA claims against several retail stores in connection with contamination stemming from the property, but dismissed the owner's RCRA claims. The owner entered into a...

United States v. Humphries

The Ninth Circuit affirmed a lower court's conviction of a chemical company owner for illegally storing hazardous wastes without a permit in violation of RCRA. On appeal, the owner argued that the lower court improperly instructed the...

Trinity Industries, Inc. v. Chicago Bridge & Iron Co.

The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA...

Litgo New Jersey, Inc. v. New Jersey Department of Environmental Protection

The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower...

United States v. Southern Union Co.

A district court held that community service having a value no more than $500,000 would be an appropriate sentence for a pipeline operator that stored liquid mercury at one of its facilities without a permit. Below, a trial court...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The...