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motion to dismiss

State ex rel. American Electric Power Co. v. Nibert

ELR Case

West Virginia's highest court held that individuals' lawsuit against a power company for injuries they allegedly incurred due to their exposure to coal combustion waste may go forward in the West Virginia courts even though the vast...

Asarco v. NL Industries

ELR Case

A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

ELR Case

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company...