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Resource Conservation and Recovery Act (RCRA)

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...

Premiere Associates, Inc. v. EXL Polymers, Inc.

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a...

Clean Harbors, Inc. v. CBS Corp.

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order...

Southern Union Co. v. United States

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466,...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an...

Town & Country Co-op, Inc. v. Akron Products Co.

A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination. The complaint contains sufficient factual allegations...