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Waste

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...

B&R Resources, LLC v. Department of Environmental Protection

A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state...

American Petroleum Institute v. Environmental Protection Agency

The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA....

Sunnyside Gold Corp. v. Environmental Protection Agency

The D.C. Circuit dismissed a mining company's lawsuit challenging EPA's decision to place the entire Bonita Peak Mining District, located in Colorado's Mineral Belt, on the NPL. The mining company owns a mine located in the district,...

New Jersey DEP v. Exxon Mobil Corp.

The New Jersey Superior Court upheld an oil company's $225 million Spill Act settlement in connection with contamination at two oil refineries in Bayonne and Linden, New Jersey. The natural resources damages were estimated at $8.9...