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Governance

United States v. Confederate Acres Sanitary Sewage & Drainage Sys.

The court holds that the district court did not abuse its discretion in refusing to strike from its opinion any implication that a private wastewater treatment plant may have actionable takings claims arising from the court's remedy in...

State v. Rollfink

The court rules that a corporate officer is personally liable for violations of Wisconsin's solid and hazardous waste laws if the officer is responsible for the overall operation of the corporation's facility where the violations...

United States v. Envirite Corp.

The court vacates a consent decree that required a waste treatment and disposal company to pay a $60,000 civil penalty for violations of the Resource Conservation and Recovery Act (RCRA) because the government wrongfully withheld...

Board of County Comm'rs v. Water Quality Control Comm'n

The court holds that the statistical methodologies used by the Colorado Water Quality Control Commission in promulgating water quality standards for cadmium, lead, and silver in the North Fork of the South Platte River were not...

Beard v. South Carolina Coastal Council

The court holds that the permit administrator and South Carolina Coastal Council's denial of an application to build a new bulkhead on beachfront property in violation of the state Coastal Zone Management Act does not constitute an...

In re American Waste & Pollution Control Co.

The court holds that a Louisiana statute allowing direct appeal of decisions of the state Department of Environmental Quality to the state court of appeal, bypassing the state district courts, is unconstitutional, and the public rights...

Mario v. Fairfield, Town of

The court upholds a Connecticut municipality's regulation requiring owners of land partially within designated wetlands areas to obtain municipal approval before erecting structures on the land's nonwetlands portion. The court first...

TBG, Inc. v. Commercial Union Ins. Co.

The court holds that under California law, environmental response costs for actions taken by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...

EPA's Delisting Program for Hazardous Wastes: Current Limitations and Future Directions

Editors' Summary: "Delisting" is the process by which the Environmental Protection Agency (EPA) excludes a particular facility's waste from otherwise applicable lists that would designate it as hazardous under the Resource...

Enfield v. Atlantic Richfield Co.

The court holds that landowners' complaint, which alleges that they were required to hire experts to test, evaluate, and develop a cleanup plan for pollution on their property caused by an oil company, states a claim for mitigation...