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Posts tagged "environmental litigation"

New Law Helps NY Water Suppliers By Broadening Statute Of Limitations Period For Groundwater Contamination Claims

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SCOTUS To Review Montana CERCLA Case About Preemption Of State Common Law Claims

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New York Supreme Court Requires At A Minimum Some Explanation From Lead Agency For SEQRA Determination

New York Supreme Court Requires At A Minimum Some Explanation From Lead Agency For SEQRA Determination

Second Circuit Affirms Dismissal of Onondaga Lake Contamination Suit Citing Federal Preemption

2018 07 11 Honeywell CERCLA Preemption Blog Image (JR).jpgEven the best factual cases are no match for the principle of federal preemption, as residents of Camillus, New York learned the hard way.

Federal Court Rules That Rensselaer Pond Is Not A "Water Of The United States" And Thus Not Subject To The Clean Water Act

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Supreme Court May Determine When Tenants Are Subject to "Ownership Liability" Under CERCLA

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Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree

The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"), which concerned a consent decree under the Resource Conservation and Recovery Act ("RCRA") entered into between the District and Pepco. See District of Columbia v. Potomac Electric Power Co., Civ. No. 11-00282. (D.D.C. Dec. 1, 2011).

Court Must Hear Citizen Suit Case to Force River Clean Up under Administrative Consent Order

The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and Recovery Act, and which sought an injunction requiring the defendant to clean up the Raritan River.

U.S. Supreme Court Refuses to Hear Attack on CERCLA's Constitutionality

On June 6, 2011, the Supreme Court of the United States ended a decade of litigation when it denied a writ of certiorari (i.e., refused to review) a 2010 decision of the D.C. Circuit Court of Appeal which affirmed the trial court's decision deny General Electric's ("GE") attack on the constitutionality of the U.S. Environmental Protection Agency's ("EPA") authority to issue Unilateral Administrative Orders ("UAOs") under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA").

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