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Toxic Substances

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency...

Tamarind Resort Assocs. v. Government of the Virgin Islands

The court affirms that the denial of a Coastal Zone Management Act (CZMA) permit did not breach a contract between a developer and the government of the Virgin Islands allowing for the development of an island off the coast of St....

General Elec. Co. v. Joiner

The Court holds that abuse of discretion is the proper standard by which to review a district court's decision to admit or exclude scientific evidence. The Court first holds that the court of appeals applied an overly stringent review...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent...

Lyall v. Leslie's Poolmart

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts failure to warn claims brought by the purchasers of a container of chlorine tablets, but that FIFRA does not preempt their defective packaging...

Industrial Truck Ass'n v. Henry

The court holds that, as applied to industrial truck manufacturers and distributors, the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration's (OSHA's) hazard communication standard (HCS)...

Umatilla Waterquality Protective Ass'n v. Smith Frozen Foods, Inc.

A district court denies an environmental group's motion to reconsider its previous holding that a corporation's national pollution discharge elimination system (NPDES) permit does not apply to any discharges to groundwater. The court...

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