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Waste

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding...

Pakootas v. Teck Cominco Metals, Ltd.

The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped several million tons of industrial waste into the Columbia River was liable for a Native American tribe's response costs. The company...

Utility Solid Waste Activities Group v. Environmental Protection Agency

The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that...

Laredo v. Laredo Merchants Ass'n

The Texas Supreme Court upheld an appellate court decision prohibiting a city's efforts to ban the use of single-use plastic and paper bags. A retail association argued that an ordinance adopted in 2014 to reduce litter from the bags...

South Carolina v. United States

A district court granted South Carolina's motion to preliminarily enjoin DOE from terminating a mixed-oxide fuel fabrication facility project currently under construction until the case can be decided on its merits. The project is...

Bartlett v. Honeywell International Inc.

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal...

Genuine Parts Co. v. Environmental Protection Agency

The D.C. Circuit vacated EPA's placement of the West Vermont Drinking Water Contamination site, a site of groundwater contamination beneath Indianapolis, Indiana, on the NPL. EPA used the hazard ranking system (HRS) to determine whether...

Sharpsmart v. Smith

The Ninth Circuit upheld a preliminary injunction enjoining California Department of Public Health officials from enforcing the California Medical Waste Management Act (MWMA) against a medical waste facility with regard to how it...

California Dep't of Toxic Substances Control v. Westside Delivery, LLC

The Ninth Circuit held that a property owner who purchased the site at a tax sale is not entitled to CERCLA's third-party defense to liability for cleanup costs. The purchaser had a "contractual relationship" with the prior owner by...

PennEnvironment v. PPG Industries, Inc.

A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial...

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