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Waste (generally)

Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control

The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill. The ALC denied the permit based on its...

Bitler Investments II, LLC v. Marathon Petroleum Co.

The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm...

National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy

The D.C. Circuit held that so long as DOE has no viable alternative to Yucca Mountain as a depository for nuclear waste, it may not charge nuclear power plant operators an annual fee to cover the cost of that disposal. The court...

Meyer v. Constantinou

A New Jersey appellate court, in an unpublished opinion, affirmed a trial court decision dismissing without prejudice property owners' complaint alleging their property had been contaminated by chemicals discharged from a neighboring...

Elizondo v. Royalty Metal Furnishing, Inc.

A district court dismissed residents' lawsuit against a city for allowing a metals finishing plant to use and store acids and other dangerous chemicals. The residents' only factual allegation against the city is that it zoned the...

In re Aiken County

The D.C. Circuit ordered NRC to resume processing of DOE's pending license application to store nuclear waste at Yucca Mountain. The Nuclear Waste Policy Act requires NRC to issue a final decision approving or disapproving the...

Century Surety Co. v. DeLoach

A Texas appellate court held that an insurance company has a duty to defend its insured in underlying lawsuits stemming from a sinkhole formed by the insured's waste disposal well operations. The insurance company argued that it had no...

Sierra Club v. County of Solano

A California appellate court held that a newly enacted state law that prohibits counties from restricting or limiting the importation of solid waste into a privately owned facility in the county based on the waste's place of origin...

Evergreen Partnering Group, Inc. v. Pactiv Corp.

The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop...

Entergy Nuclear Fitzpatrick, LLC v. United States

The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities. The Standard...