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Abstention

Sierra Club v. FutureGen Industrial Alliance

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA...

Raritan Baykeeper v. NL Industries, Inc.

The Third Circuit vacated a lower court decision dismissing, on grounds of abstention, environmental groups' RCRA and CWA citizens suit in which they sought an injunction requiring the current and prior owners of a contaminated site...

Chico Service Station, Inc. v. Sol Puerto Rico Ltd.

The First Circuit, in a case of first impression, vacated a lower court decision that it should abstain from hearing a RCRA citizen suit concerning the cleanup of contamination caused by leaking USTs at a former gasoline filling...

Raritan Baykeeper, Inc. v. NL Indus., Inc.

A district court dismissed, on grounds of abstention, an environmental group's RCRA and CWA citizen suit against a company seeking remediation of contaminated sediments in the Raritan River located adjacent to a site formerly owned by...

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

A district court dismissed, without prejudice, environmental group's CAA lawsuit challenging an energy company's plans to expand one of its coal-fired power plants. Four of the five plaintiffs in this action are also petitioners in an...

Esso Standard Oil Co. v. Lopez-Freytes

The First Circuit affirmed a lower court order permanently enjoining several members and officials of the Puerto Rico Environmental Quality Board from imposing a $76 million fine on an oil company in connection with leaking underground...

Royal Indem. Co. v. Apex Oil Co.

The Eighth Circuit affirmed a lower court's decision to abstain from an action seeking a declaration of the rights and obligations of various insurance companies and an oil company with respect to soil contamination surrounding the oil...

Esso Standard Oil Co. v. Cotto

The First Circuit upheld the dismissal of an oil company's lawsuit seeking to enjoin the Puerto Rico Environmental Quality Board from imposing a fine against it for releasing fuel from a leaking underground storage tank system into the...

Oakville Community Action Group v. Industrial Pipe, Inc.

The court holds that it did not need to abstain from hearing an environmental group's motion seeking declaratory and injunctive relief against a landfill operator that violated its state permit and subjected itself to classification as...