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New York v. EPA

The court denies a petition challenging the U.S. Environmental Protection Agency's (EPA's) decision to grant a nitrogen oxide (NOx) reduction requirement exemption to four states abutting Lake Michigan under...

United States v. Akzo Nobel Coatings, Inc.

The court holds that the U.S. Environmental Protection Agency's (EPA's) selection of a total incineration remedy instead of a combination remedy during the environmental cleanup of a landfill site in Lampeer County, Michigan, is not...

The Pollution Exclusion Saga Continues: Does It Apply to Indoor Releases?

Editors' Summary: This Article addresses how courts have applied the sudden and accidental and absolute pollution exclusions of insurance policies to indoor air pollution claims. The authors focus on how a majority of the courts...

Oz Tech., Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily and capriciously when, under the Clean Air Act (CAA) §612(c) and its regulations, it designated a manufacturer's product an unacceptable...

Upper Chattahoochee Riverkeeper Fund v. Atlanta, City of

The court holds that a city committed multiple violations of the Federal Water Pollution Control Act (FWPCA) by operating several combined sewer overflow (CSO) areas that failed to comply with National Pollutant Discharge Eliminations...

Cooper Indus., Inc. v. Agway, Inc.

The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants...

Sierra Club v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) regulation that creates a 12-month grace period exempting transportation projects in nonattainment and maintenance areas from Clean Air Act (CAA) §176(c) is contrary to...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court dismisses a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Federal Water Pollution Control Act (FWPCA), and state common-law...

Stewart v. Potts

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers...

United States v. Hoechst Celanese Corp.

The court holds a company liable for violations of the National Emission Standard for Equipment Leaks of Benzene that occurred after the U.S. Environmental Protection Agency (EPA) provided the company with actual notice of its...