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Results: 1-10 of 2,767

Superior Court invalidates CEQA’s fast-tracking provision as unconstitutional

  • Alston & Bird LLP
  • -
  • USA
  • -
  • April 12 2013

A superior court in Alameda County invalidated a streamlining provision of the California Environmental Quality Act (CEQA), holding the provision is

Scaling back Superfund: Supreme Court narrows scope of "arranger" and affirms "divisibility" defense to joint and several liability

  • Jones Day
  • -
  • USA
  • -
  • May 7 2009

On Monday, May 4, 2009, in an 81 decision, the Supreme Court of the United States definitively narrowed the scope of "arranger" liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA

Nullum tempus doctrine preserves state’s claims unless statutes expressly provide waiver

  • Alston & Bird LLP
  • -
  • USA
  • -
  • September 1 2009

Lake Winnipesaukee Resort, LLC (LWR) sought to construct a golf course in New Durham, New Hampshire

7th Circuit: certain equitable environmental remedies not dischargeable in bankruptcy

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • August 31 2009

The Seventh Circuit U.S. Court of Appeals recently ruled that an environmental clean-up obligation under the Resource Conservation and Recovery Act (“RCRA”) is not dischargeable in bankruptcy, even when the debtor no longer has any internal clean-up operations and would have to contract a third party to provide such services at significant cost

Double jeopardy? Citizen suit may proceed despite government enforcement action

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 2 2009

A Clean Water Act citizen suit may proceed against a coal operator notwithstanding government enforcement action addressing the same alleged violations, according to a federal district judge in West Virginia

Second Circuit affirms district court rejecting RCRA and Clean Water Act claims at shooting range site in a case of first impression

  • Day Pitney LLP
  • -
  • USA
  • -
  • September 2 2009

In a case of first impression that may have an impact on what constitutes hazardous waste when a product is deposited on land as part of its normal use or intended purpose, the United States Court of Appeals for the Second Circuit affirmed a decision of the Federal District Court for the District of Connecticut which had rejected claims of violations of the Resource Conservation and Recovery Act ("RCRA") and the Clean Water Act ("CWA") brought by a neighborhood group against a gun club and its members for operating a shooting range where lead shot was left at the site

Court of Appeals vacates SSM exemption under Clean Air Act

  • Bryan Cave LLP
  • -
  • USA
  • -
  • January 14 2009

A recent ruling from the Court of Appeals for the D.C. Circuit significantly changes the landscape for major sources under the Clean Air Act (CAA

US Supreme Court upholds local "flow control" ordinances favoring public landfills

  • Squire Sanders
  • -
  • USA
  • -
  • May 21 2007

Municipalities, counties and other public authorities are now on solid ground when passing "flow control" ordinances directing waste to publicly owned or operated landfills

Environmental claims - limitation to specified storage tanks upheld

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 22 2009

In Cain Petroleum Inc. v. Zurich American Insurance Company, A134133 (Or. Ct. App. Dec. 3, 2008), a company that operated gasoline stations sought coverage for a contaminant release under its “Storage Tank System Third Party Liability and Cleanup Policy,” which provided coverage for environmental cleanup costs and third party liability caused by releases from a “scheduled storage tank system” at 17 “scheduled locations” after a specific “retroactive date.”

New Jersey federal court rules costs spent to obtain a "no further action" letter are not recoverable cleanup costs

  • Day Pitney LLP
  • -
  • USA
  • -
  • September 4 2009

On August 13, 2009, the federal district court in New Jersey dismissed a site owner's claim against an abutting property owner, seeking to recover costs under federal Superfund

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