About Argentco.com




About Argentco.com
Index of Cases with Citations
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
U.C. Regents v. Ciy of Santa Cruz
Superior Court Invalidates Local Measures Limiting Expansion of UC Campus by Restricting Water and Sewer Service on Procedural Grounds June 2007
Uliano v. Bar Harbor Board of Environmental Protection
Landowner Denied Right to Build Dock into Bar Harbor Cove Based upon Aesthetics October 2009
Unigard v. City of Lodi, et al
U.S. District Court Finds City of Lodi’s Environmental Cleanup Ordinance Is Preempted by CERCLA and Partially Invalid February 2004
Union Oil Co. of California v Terrible Herbst, Inc.
Ninth Circuit Enforces Waiver of Statute of Limitations Defense on Environmental Insurance Claims August 2003
Union Pacific Resources Company v. Cooper
Texas Court of Appeals Denies Nuisance Claim Based Entirely on Apprehension of Future Harm February 2003
United Artists Theatre Circuit, Inc. v. The Township of Warrington, PA, et al
Third Circuit Establishes "Shocks the Conscience" Test for Land Use Based Substantive Due Process Claims March 2003
United Dairy Farmers, Inc. v. United States
Sixth Circuit Rules that Soil Remediation Expenses Should be Capitalized and Not Deducted December 2001
United Farm Workers of America v. U.S. Environmental Protecion Agency
Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement April 2010
United Farm Workers of America v. U.S. Environmental Protection Agency
Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement March 2010
United States, et al. v. Cinergy Corp, et al.
District Court Clarifies Interpretation of Clean Air Act NSR/PSD Routine Maintenance, Repair and Replacement Exemption May 2006
United States, et al. v. City of Detroit, et al.
Sixth Circuit Determines Applies ‘Law of the Case’ Doctrine to Not Vacate Previously Rendered Decision Not on Appeal May 2005
United States et al. v. Ex-USS Cabot/Dedalo
Fifth Circuit Invalidates U.S. Coast Guard's Salvage Claim Finding It Acted Pursuant to Mandatory Duties under the Clean Water Act September 2002
United States, et al. v. Truckee-Carson Irrigation District, et al.
Ninth Circuit Upholds Nevada State Engineer’s Determination Under Orr Ditch Decree January 2006
United States, et al. v. Wal-Mart Stores, Inc.
U.S. Environmental Protection Agency and Wal-Mart Reach Major Settlement for Stormwater Violations at Construction Sites. July 2004
United States of America v. Hercules, Inc.
Eighth Circuit Reverses Judgment on Issue of Divisibility of Harm Under CERCLA June 2001
United States v. 1.377 Acres of Land, Josephson Management, et al.
Plain Language of Lease Vested Tenants with Right to Recover Proportionate Amount of Condemnation Award February 2004
United States v. Abousleman, et al.
New Mexico Federal District Court Issues Memorandum and Order in Jemez River Adjudication on the Indian Pueblos’ Water Use Claims December 2004
United States v. Adams
Testing Firm Admits to Fraudulent Submittal of Test Results to Underground Storage Tank Owners November 2001
United States v. Agway, Inc.
Defendant Held Jointly and Severally Liable for All Removal Costs where Several Chemicals Caused a "Single Harm" May 2002
United States v. Alcan Aluminim Corporation
Second Circuit Finds Divisibility of Harm Defense Not Applicable to Oil Emulsion Containing Heavy Metals and PCBs February 2003
United States v. Alisal Water Corp.,
Individuals Held Liable for Civil Penalties under the Safe Drinking Water Act January 2001
United States v. Alisal Water Corp
Ninth Circuit Upholds Divestiture and Financial Penalties to Water System Operator for Violations of the Safe Drinking Water Actv December 2005
Ninth Circuit Refuses to Let Judgment Creditor Intervene in Environmental Enforcement Action that May Impair the Creditor’s Ability to Collect August 2004
United States v. Allegheny Ludlam Corp
Recent Investigations, Settlements, Penalties and Sanctions March 2005
United States v. Allegheny ludlum Corp.
Third Circuit Allows Alleged Polluter to Plead Laboratory Error Defense under Clean Water Act. June 2004
United States v. Anguaiano, et al.
Recent Investigations, Settlements, Penalties and Sanctions January 2005
United States v. Arcolas and Lozado
Recent Investigations, Settlements, Penalties and Sanctions December 2004
United States v. Asarco, Inc.
Ninth Circuit Overturns District Court Decision to Reduce Defendants’ Obligations under CERCLA Consent Decree February 2006
United States v. Bestfoods
Asset Purchases and Corporate Successor Liability January 2006
United States v. Board of Commissioners of Hamilton County Ohio
District Court Holds Sierra Club May Recover Its Fees Using the “Catalyst Theory” under the Clean Water Act October 2005
United States v. BP Amoco Oil PLC
Eighth Circuit Holds that an Evidentiary Hearing Is Not Required to Approve a CERCLA Consent Decree March 2002
United States v. Burlington N. R.R. Co.
U.S. Announces Three Superfund Site Settlements in New York, Colorado, and Pennsylvania; $46 Million in Costs to be Paid April 2001
United States v. California State Water Resources Control Board
The Robie Decision and the Future of California Water Law May 2006
United States v. CDMG Realty Co.
Two Corporations Agree on $90 Million Soil Cleanup at Tom's River Superfund Site in New Jersey November 2001
United States v. Chau
Third Circuit Vacates Clean Air Act Prison Sentence but Holds Majority of Sentence Enhancements Warranted. July 2002
United States v. Chevron Phillips Chemical Company
Recent Investigations, Settlements, Penalties and Sanctions December 2004
United States v. Chevron Pipeline Co.
News from the West: Clean Water Act Litigation—Federal District Courts Address ‘Navigable Waters’ with Texas’ Intermittent Creeks; ‘Ongoing’ Water Pollution from Mining in Alaska; and Collateral Estoppel Principles in Mining Pollution Case in Colorado November 2006
United States v. Chief Consolidated Mining Company, et al.
Recent Investigations, Settlements, Penalties and Sanctions December 2004
United States v. Cinergy Corp.
DoJ and EPA Settle Huge Clean Air Act Case against Cinergy Corporation; Cinergy Agrees to Pay $1.4 Billion on Air Pollution Reduction Measures and an $8.5 Million Fine February 2001
United States v. Cinergy Corp
District Court in Indiana Rejects Fair Notice and Routine Maintenance Defenses to CAA New Source Review Enforcement Action August 2007
Seventh Circuit Holds Annual Emissions Are the Appropriate Test of NSR Applicability—Rejects Fourth Circuit’s Duke Energy Interpretation November 2006
United States v. CITGO Petroleum Corp
Recent Investigations, Settlements, Penalties and Sanctions December 2004
United States v City of Detroit
Sixth Circuit Affirms Use of All Writs Act to Compel Non-Party to Cooperate with Consent Decree August 2003
United States v. City of Glen Cove
District Court in New York Grants Motion by Third Party to Intervene in CERCLA Cost Recovery Action. July 2004
United States v. Clifford Matley Family Trust
Ninth Circuit Rejects Reclassification Entitling Land to Great Water Duty March 2004
United States v. ConocoPhillips Co.
Recent Investigations, Settlements, Penalties and Sanctions March 2005
United States v. Consolidation Coal Co., et al.
Failing to Cooperate with the EPA Proves Costly to Ohio Chemical Company November 2003
United States v. Constructin Personnel, Inc.
In Two Separate Matters, Illegal Asbestos Removal Draws Criminal Prosecution and Sactions November 2001
United States v. David Phillips
Ninth Circuit Affirms Criminal Conviction under the Clean Water Act March 2004
Ninth Circuit Affirms Criminal Conviction under the Clean Water Act. March 2004
United States v. Davold Real Estate
In Two Separate Matters, Illegal Asbestos Removal Draws Criminal Prosecution and Sactions November 2001
United States v. Domenic Lombardi Realty, Inc.
District Court of Rhode Island Declines to Apply Retroactively the 2001 Amendments to CERCLA Innocent Landowner Defense December 2003
United States v. E.I. DuPont de Nemours and Company
Third Circuit Overturns Its Prior Holding—Allows EPA to Recover Oversight Costs Incurred Supervising Removal and Remediation Actions under CERCLA February 2006
United States v. Elias
Ninth Circuit Holds that Federal Government Retains RCRA Criminal Enforcement Authority in States with Delegated Programs January 2002
United States v. Esso Standard Oil Co.
Recent Investigations, Settlements, Penalties and Sanctions January 2005
United States v. Exide Corp.
District Court Uses De Facto Merger Analysis and "Substantial Continuity" Test to Find Successor Liability under CERCLA May 2002
United States v. Fallbrook Public Utility District
Tribal Groups Revive Potential Adjudication of Santa Margarita River December 2008
United States v. General Battery Corporation
Asset Purchases and Corporate Successor Liability January 2006
Third Circuit Applies Uniform National Rule for Determining Successor Liability under CERCLA October 2005
United States v. Gerke Excavating, Inc.
Seventh Circuit to Follow Justice Kennedy’s Concurrence (Usually) when Applying Rapanos November 2006
United States v. Goodyear Tire & Rubber Co.
U.S. Announces Three Superfund Site Settlements in New York, Colorado, and Pennsylvania; $46 Million in Costs to be Paid April 2001
United States v. Gurley
Recent Investigations, Settlements, Penalties and Sanctions December 2004
Sixth Circuit Affirms Nearly $2 Million Fine for Failure to Answer CERCLA Section 104(e) Claim November 2004
United States v. HAL Maritime Ltd.
Recent Investigations, Settlements, Penalties and Sanctions. February 2005
United States v. Heinrich
Seventh Circuit Finds that a Judgment Requiring Approval of a Proposed Restoration Plan under the Clean Water Act Is Not a ‘Final Decision’ June 2005
United States v. Himes
EPA and U.S. Customs Combine Forces to Thwart Multi-Million Dollar Conspiracy To Illegally Import Ozone-depleting Materials into the U.S October 2001
United States v. Hubenka
Tenth Circuit Provides Further Insight into Clean Water Act’s § 404 ‘Tributary Rule’ Provided Sufficient Nexus to Tie Tributaries to Downstream Navigable Waters April 2006
aaa April 2006
United States v. Idaho
IDAHO: United States Declines to Appeal State Supreme Court Federal Reserved Rights Decision November 2001
United States v. JG-24, Inc.
U.S. Environmental Protection Agency Removal Actions Are Protected by Sovereign Immunity as Discretionary Conduct May 2004
United States v. JG-24, Jorge Ortiz, et al.
Puerto Rico Federal District Court Finds Individual Liable under Both CERCLA and RCRA October 2004
United States v. Johnson
aaa April 2006
United States v. Knoxville Utilities Board
Recent Investigations, Settlements, Penalties and Sanctions. February 2005
United States v. Kuhn
Sixth Circuit Reverses District Court’s Downward Adjustments to Sentence for Clean Water Act Violations December 2003
United States v. Marvin and Isaac Rubenstein
Second Circuit Rejects ‘Insular Religious Community’ Defense for Criminal Asbestos Violations May 2005
United States v. Metropolitan St. Louis Sewer District
aaa April 2006
United States v. Morros
Ninth Circuit Holds Federal District Court Proper Forum for Adjudication of Nuclear Waste Policy Act Preemption Issue December 2001
United States v. National Railroad Passenger Corp., et al.
District Court Rules in Favor of Amtrak on Three Separate CERCLA Claims August 2004
United States v. Ohio Edison Co, et al.
Recent Investigations, Settlements, Penalties and Sanctions May 2005
United States v. Ortiz
News from the West January 2006
Tenth Circuit Finds the Clean Water Act Criminalizes Any Act of Negligence that Leads to Pollutant Discharge December 2005
United States v. Pauley
Sixth Circuit Reverses Trial Court's Vacating of Clean Water Act Fine April 2003
United States v. Perez
Eleventh Circuit Affirms Sentencing for Continuous Discharging of Nonhazardous Pollutants on Wetlands without a Permit. June 2004
United States v. Price
Ninth Circuit Rejects Double Jeopardy Claim for Clean Air Act Enforcement March 2003
United States v. Rapanos
John Rapanos Agrees to Civil Penalties and to Provide Wetlands Mitigation for Alleged Clean Water Act Violations February 2009
U.S. Supreme Court Asked to Review Another Clean Water Act Case March 2005
Certiorari Filed for Third Time in U.S. Supreme Court in Clean Water Act Adjacent Wetlands Case March 2005
Sixth Circuit Holds District Court Must Sentence Wetlands Developer in Accordance with United States Sentencing Guidelines February 2001
United States v. Royno Shipping
Recent Investigations, Settlements, Penalties and Sanctions March 2005
United States v. Sabretech
Eleventh Circuit Reverses Convictions Relating to 1996 Valujet Plane Crash January 2002
United States v. Salvagno
Recent Investigations, Settlements, Penalties and Sanctions. February 2005
United States v. Seaboard Marine, Ltd. Inc.
Recent Investigations, Settlements, Penalties and Sanctions December 2004
United States v. Sims Brother Construction, Inc.
Fifth Circuit Upholds Criminal Convictions for Construction Contractors' RCRA Violations March 2002
United States v. Sinclair Tulsa Refining Co.
News from the West March 2007
United States v. Snook
Seventh Circuit Affirms Conviction for Clean Water Act Violations. June 2004
United States v. Spaulding Composites Co., Inc.
New Jersey District Court Rejects Divisibility of Costs Argument and Awards $6.7 Million to Federal Government July 2002
United States v. Stickle
Recent Investigations, Settlements, Penalties and Sanctions January 2005
United States v. Still
Recent Investigations, Settlements, Penalties and Sanctions January 2005
United States v. Tarkowski
Seventh Circuit Affirms Dismissal of EPA's Request for a Court Order Seeking Both Access to, and Remediation of, Private Property June 2001
United States v. Templeton, Spielman, Venetian Harbors, et al.
Eighth Circuit Finds Towboat-Floating Restaurant Owners Are Not Criminally Liable under the Clean Water Act for Alleged Sewage Discharges into the Mississippi River. September 2004
United States v. Thomas Pearson
Ninth Circuit Limits Class of Individuals Subject to Criminal Penalties for Failure to Remove Asbestos According to Clean Air Act Regulations March 2002
United States v. Thorn
Second Circuit Directs District Court to Further Enhance Criminal Sentencing for Company Owner Convicted of Clean Air Act and Conspiracy Violations June 2006
Second Circuit Remands for Resentencing Conviction for Clean Air Act Violations March 2003
United States v. Torf
Ninth Circuit Holds Environmental Consultant’s Documents Protected From Disclosure to Grand Jury Investigation under the Work Product Doctrine January 2004
United States v. Union Corp., et al.
Northeastern States Utilize Intervention in Superfund Site to Protect Water Resources March 2006
United States v. United States Cermaic Tile Company
Recent Investigations, Settlements, Penalties and Sanctions. February 2005
United States v. Weintraub
Second Circuit Rules on the Clean Air Act's Scienter Standard for Criminal Liability Relating to Asbestos Removal January 2002
Second Circuit Rules on the Clean Air Act’s Scienter
United States v. Weyerhaeuser Company
Recent Investigations, Settlements, Penalties and Sanctions. February 2005
United States v. White
FEDERAL: Sixth Circuit Fines Water Treatment Plant Employees for Falsifying Data and Further Defines Sentencing Guidelines for Environmental Violators December 2001
United States v. William M. Davis, et al.
First Circuit Refuses to Raise the Bar for Proving CERCLA Contribution Claims October 2001
United States v. W.R. Grace & Co.
Ninth Circuit Affirms that EPA Engaged in Removal, Not Remedial Action, under CERCLA January 2006
United States v. W.R. Grace & Company-Connecticut, et al.
District Judge Approves Revised Method for Calculating Indirect Costs under CERCLA and Gives EPA Large Award November 2003
United States v. Yadav
Recent Investigations, Settlements, Penalties and Sanctions March 2005
United Steelworkers of America v. Oregon Steel Mills, Inc
Tenth Circuit Reinstates Clean Air Act Citizen Suit Seeking to Enforce EPA Ruling Currently under Judicial Review April 2003
United Water Conservation District v. County of Los Angeles
Win Some. Lose Some. Will It Ever End? The War over Water Supply in the Santa Clarita Valley April 2005
Uniwill v. City of Los Angeles
Second District Court Reverses Judgment to Dismiss Los Angeles County Lawsuit for Inverse Condemnation January 2005
Uphold Our Heritage v. Town of Woodside
First District Holds High Financial Cost of Alternatives Does Not Automatically Render Them ‘Infeasible’ under CEQA April 2007
Upper Chattahoochee Riverkeeper Fund, Inc. v. City of Atlanta
District Court in Georgia Prevents Intervention by Taxpayer Group in Implementation of Clean Water Act Consent Decree. February 2005
Upper Eagle Regional Water Authority v. Simpson
Colorado High Court Finds Colorado’s ‘Injury’ to Water Rights Analysis Needn’t Be Exact—Can Rest on Undisputed Reasonable Predictions and Assumptions November 2007
Upper Platte and Beaver Canal Company v. Riverview Commons General Improvement District
Colorado Court of Appeals Rules that Governmental Entities Are Not Immune from Ditch Easement Claims June 2010
Upper Yampa Water Conservation District v. Wolfe
Colorado Water Courts Take a Closer Look at Storage Water Rights: Two Pending State Supreme Court Appeals May Result in Additional Limits on Storage Water Rights March 2010
Urban Habitat Program v. City of Pleasanton
Alameda County Superior Court Decision Could Have Wide-Ranging Impact on Local Governments’ Obligations to Provide Fair-Share of Housing Units April 2010
First District Court Finds Challenge to City’s Housing Element Barred by Statute of Limitations October 2008
U.S. and California Dept. of Toxic Substances Control v. Burlington Northern & Santa Fe Railway Co.
Ninth Circuit Affirms CERCA Apportionment Allowed among Potentially Responsible Parties at Liability Stage May 2008
U.S. and Citizens Against Ruining the Environment v. Midwest Generation, LLC
Prior Plant Owner’s Failure to Obtain Preconstruction Permits Does Not Expose New Owner to the Clean Air Act PSD Requirement Liability May 2010
U.S. and Lummi Indian Nation v. Washington State Department of Ecology
District Court Approves Historic Groundwater Settlement between Washington State and Lummi Indian Nation January 2008
U.S. and State of Oklahoma v. Albert Investment Co.
Tenth Circuit Finds Union Pacific’s CERCLA Contribution Right Is Sufficient for Intervention January 2010
U.S. Bank National Association, Trustee v. U.S. Environmental Protection Agency
Sixth Circuit Finds CERCLA Liabilities Are Contractually Assumed for Hazardous Waste Damage before Interest in Polluting Plant Acquired July 2009
U.S. Environmental Protection Agency v. State of New Jersey
U.S. EPA Petitions the U.S. Supreme Court to Review D.C. Circuit’s Rejection of its Mercury Rule December 2008
U.S., ex rel Robert Marcy v. Rowan Companies, Inc.
False Certification of Compliance Does Not Create a False Claims Act Violation May 2008
U.S. Sensient Colors, Inc.
District Court Unable to Classify Superfund Cleanup as Either Removal or Remedial at Pleadings Stage of Cost Recovery Action January 2008
U.S. v. Aerojet General Corp.
Ninth Circuit Allows Non-Settling CERCLA PRPs to Intervene in Litigation to Oppose a Consent Decree Incorporating a Settlement August 2010
U.S. v. Alcoa, Inc.
Fifth Circuit Affirms Stipulated Order Regarding Consent Decree as Implementing a Remedy Rather than Modifying the Consent Decree August 2008
U.S. v. Alghazouli
Ninth Circuit Affirms Guilty Verdict for Defendant Arising from Unlawful Importation of Ozone-Depleting Substance R-12 Pursuant to the Clean Air Act May 2008
U.S. v. Alpine Land and Reservoir Co, et al.
Ninth Circuit Issues Latest Alpine Decision Regarding Transfer Applications of Water Rights within Newlands Reclamation Project January 2008
U.S v. American Electric Power Service Corp.
American Electric Power Settles Clean Air Act Lawsuit for $4.6 Billion in ‘Single Largest Environmental Enforcement Settlement in History’ December 2007
U.S. v. American Premier Underwriters, Inc.
District Court Finds Bankruptcy Discharge Subsequent to Enactment of Clean Water Act but Prior to Enactment of CERCLA Does Insulate against CERCLA Claim May 2007
U.S. v. Apex Oil
Seventh Circuit Holds a RCRA Injunction Is Not Dischargeable in Bankruptcy November 2009
U.S. v. Atlantic Research Corporation
Ninth Circuit Applies Supreme Court Decision in Atlantic Research, Reverses Itself in Pinal Creek, Allows Cost Recovery Claims Under CERCLA Section 107(a) June 2008
Third Circuit Reverses Earlier Decision Barring CERCLA PRP Cost Recovery, Relying on Atlantic Research Decision January 2008
U.S. Supreme Court Allows Cost Recovery by PRPs under CECLA Section 107(A) and Clarifies Differences with Section 113(F) Contribution Claims August 2007
U.S. Supreme Court Unanimously Affirms Cost Recovery under CERCLA Section 107 in Case Where PRPs Voluntarily Cleaned Up Contaminated Soil and Groundwater Site July 2007
U.S. v. Atlantic Richfield Co.
Recent Investigations, Settlements, Penalties and Sanctions October 2004
U.S. v. Bailey
Eighth Circuit Upholds Army Corps’ Clean Water Act Jurisdiction under Justice Kennedy’s Adjacent Criteria Standard in Rapanos October 2009
Eighth Circuit Adopts First Circuit’s Views Regarding Application of the Rapanos Decision August 2009
U.S. v. Capitol Tax Corporation
Seventh Circuit Holds CERCLA Liability Affected¨by the Doctrine of Equitable Conversion but Not by Property Boundaries November 2008
U.S. v. Chapman
Recovery of the Government’s Attorneys’ Fees under CERCLA: An Ongoing Problem for Responsible Parties March 2008
U.S. v. Cinergy Corp.
District Court Holds Clean Air Act Provides Court with Equitable Authority to Order Remediation of Past Harm January 2009
U.S. v. Citgo Petroleum Corp.
District Court Jury Finds CITGO Guilty of Clean Air Act Violations August 2007
U.S. v. City of Akron
City of Akron Settles Lawsuit—Agrees to Sewer Overflow Reduction and Major Treatment Upgrades to Help the Cuyahoga River December 2009
U.S. v. Cooper
Fourth Circuit finds Mens Rea Does Not Include Knowledge of the Jurisdictional Status of Clean Water Act Affected Waters June 2007
Fourth Circuit Affirms Criminal Conviction for ‘Knowing’ Discharge under the Clean Water Act June 2007
U.S. v. County of Sacramento
Sacramento Airport Faces $2.3 Million Fix for Wetlands/Endangered Species Oversight October 2006
U.S. v. Cundiff
Sixth Circuit Determines that ‘Sidecasting’ into Adjacent Wetlands without a Permit Violates Clean Water Act March 2009
U.S. v. Dico
Recovery of the Government’s Attorneys’ Fees under CERCLA: An Ongoing Problem for Responsible Parties March 2008
U.S. v. Eastern Municipal Water District
News from the West November 2009
District Court Rules in Favor of Eastern Municipal Water District and Rancho California Water District in Suit Involving the Santa Margarita River Watershed October 2009
U.S. v. George Norris
Court Imposes Sentence Based on the ‘Market Value’ of the Shipments of Documented and Undocumented Orchids August 2006
U.S. v. Grace
Ninth Circuit Holds that the Clean Air Act’s Criminal Provisions Define ‘Asbestos’ Differently than the Act’s Civil Provisions November 2007
U.S. v. Hagerman
District Court Seeks to Deter Clean Water Act Violations by Sentencing Violator to Five Years In Prison February 2008
U.S. v. Haliburton Energy Services, Inc.
District Court Rules on a Series of CERCLA Motions Alleging Equitable Tolling, Tolling Agreement and Statute of Limitations Issues December 2009
U.S. v. Hoffman
District Court Excludes Evidence of Prior Criminal RCRA Conviction from Current Criminal Environmental Trial June 2010
U.S. v. Ionia Management, S.A.
Second Circuit Holds International Law Did Not Limit U.S. Jurisdiction to Prosecute Foreign Vessels’ Failures to Maintain an Accurate Oil Record Book April 2009
U.S. v. Jay Manning
Ninth Circuit find Washington State’s Initiative to Prevent Addition ofNew Radioactive Waste to Hanford Nuclear Reservation Is Preempted by Federal Law July 2008
U.S. v. JG-24 Inc.
First Circuit Finds EPA’s Characterization of Cleanup as ‘Removal Action’ Is Consistent with CERCLA Requirements April 2007
U.S. v. Johnson
First Circuit Offers Broader New Understanding of Clean Water Act Jurisdiction Following Supreme Court’s Rapanos Plurality Decision December 2006
U.S. v. King
District Court Denies Idaho Feedlot Manager’s Request for a New Trial Following his Conviction for Violation of the Safe Drinking Water Act October 2009
U.S. v. Kramer
District Court Grants Summary Judgment against Sole Non-Settling Defendant in Extensively Litigated CERCLA Superfund Case February 2009
U.S. v. Lexington Fayette Urban County Government
Sixth Circuit Approves Clean Water Act Consent Decree Rejected by District Court March 2010
U.S. v. Lucas
Fifth Circuit Affirms Criminal Convictions under the Clean Water Act against Corporate Land Developer and Others for Waste Discharges March 2008
U.S. v. Lyon
District Court Denies Third-Party Defendant’s Motion to Dismiss Third-Party Plaintiffs’ Claims on Ground that Plaintiffs Sufficiently Pled ‘Arranger’ Liability Under CERCLA § 107 February 2008
U.S. v. Merck & Co.
Merck Agrees to $20 Million Settlement to Resolve Illegal Discharges February 2008
U.S. v. Metropolitan St. Louis Sewer District
Eighth Circuit Finds that State of Missouri Waived Sovereign Immunity by Joining in Clean Water Act Suit August 2009
U.S. v. Milner
News from the West February 2010
The Boundary of Navigable Waters and Tidelands May Extend behind Lawfully Built Shore Defense Structures as if They Do Not Exist January 2010
Ninth Circuit Finds Property Owners Adjoining Tidelands Liable for Trespass and Violations of the CWA and Rivers and Harbors Act for Shore Structures December 2009
U.S. v. Missouri Industrial Energy Consumers
Eighth Circuit Rules that Corporations Lacked Standing to Intervene in Clean Water Act Enforcement Action Brought by Missouri and the United States August 2009
U.S. v. Morgan
District Court Extends Rule Limiting Depositions of Current High Ranking Government Officials to Include Former Officials April 2009
U.S. v. Moses
Ninth Circuit Holds Clean Water Act Applies to Intermittent Streams October 2007
News from the West October 2007
U.S. v. M/V COSCO BUSAN, LR/IMO SHIP NO 9231743
California Dismissed From COSCO BUSAN Suit Stemming from San Francisco Bay Oil Spill Based on Eleventh Amendment Sovereign Immunity January 2009
U.S. v. M/V Sanctuary
Fourth Circuit Finds TSCA Grants EPA Warrant Authority to Inspect Premises for Regulated Chemical Substances October 2008
U.S. v. Nicholson
Ninth Circuit Finds Waterfront Homeowners Liable in Violation of the Rivers and Harbors Act and CWA for Maintaining Structures to Protect against Erosion November 2009
U.S. v. Opare-Addo
Eighth Circuit Holds Chemist May Be Personally Liable for His Participation in Employer’s Violations of the Clean Water Act July 2007
U.S. v. Orange County Sanitation District
Recent Investigations, Settlements, Penalties and Sanctions January 2005
U.S. v. Orr Water Ditch Co
Ninth Circuit Holds Groundwater Allocations May Not Interfere with Tribe’s Surface Water Rights under the Orr Ditch Decree June 2010
U.S. v. Orr Water Ditch Co.
Amendment of ‘Orr Ditch Decree’ Governing Truckee River Proposed February 2010
U.S. v. Parker
District Court Denies Motion to Vacate Consent Decree Resolving Water Pollution Statutes Entered into Pre-Rapanos July 2007
U.S. v. Pharmacia Corporation
District Court Finds That PRP May Seek CERCLA Section 107 Claims from Third Party Despite Previous Unsuccessful Section 113 Claims by the U.S.Government July 2010
U.S. v. Pioneer Irrigation District
News from the West May 2007
U.S. v. Power Engineering Co.
Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action November 2002
U.S. v. QWEST Corp., et al.
District Court Finds Defendant Utility Contractor Who Released Hazardous Substances Was Not an “Operator” under CERCLA §107(a)(2) March 2005
U.S. v. Rineco Chemical Industries, Inc.
District Court Rejects Chemical Manufacturer’s Attempt to Rely on State Regulation in Order to Avoid Obtaining a RCRA Permit June 2009
U.S. v. Robison
The Price of Precedent—Idaho Ranchers Assessed $1.5 Million in Fight with BLM over Stockwater Rights on Federal Lands February 2008
District Court Finds It Impossible to Apply ‘Precedent’ Set by Supreme Court in Rapanos to Subsequent Clean Water Act Cases January 2008
Eleventh Circuit Applies Rapanos ‘Significant Nexus Test’ to Determine Criminal Activity for Discharges to Navigable Waters December 2007
U.S. v. Saporito
District Court Finds Owner of Equipment a CERCLA Responsible Party Because He Had a ‘Connection’ to the Facility at the Time of the Release April 2010
U.S. v. Sea Bay Development Corp.
District Court Finds Challenge to Property Falling within ‘Navigable Waters’ Definition Cannot Be the Basis for Dismissal for Lack of Subject Matter Jurisdiction June 2007
U.S. v. Sensient Colors, Inc.
District Court Extends Rule Limiting Depositions of Current High Ranking Government Officials to Include Former Officials April 2009
U.S. v. Sewer Authority for the City of Scranton
U.S. Environmental Protection Agency Sues Pennsylvania Municipal Sewer Authority over Combined Sewer Overflows November 2009
U.S. v. Simon Wrecking, Inc.
District Court Distinguishes Third Circuit Precedent— Holds Federal Government May Pursue Cost Recovery Action under § 107 Despite Federal Agencies Status as PRP May 2007
U.S. v. Sonoco
U.S. Potentially Time Barred from Recovering $22 Million against Discharger Impacting Soil and Water under Pennsylvania Statutes August 2007
U.S. v. State of Nevada
News from the West November 2007
U.S. v. TE Products Pipeline Company, LLC
News from the West November 2007
U.S. v. Tyco Printing Circuit Group
Recent Investigations, Settlements, Penalties and Sanctions October 2004
U.S. v. Washington State Department of Transportation
District Court Finds Washington State DOT Potentially Liable as an Arranger under CERCLA for Controlling the Disposal of Highway Runoff August 2010
District Court Finds a Responsible Party May Not Seek Contribution for Non-CERCLA Judgments— Government May Be an ‘Arranger’ for Activity that Released Hazardous Substances December 2009
U.S. v. Westvaco
District Court Finds Equipment Changes Constituted Modifications to an Emissions Unit which Could Trigger CAA ‘BACT’ Requirements February 2010
USA Waste of California, Inc. v. City of Irwindale
Second District Holds Landfill Operator’s Complaint Based on Land Use Guidelines Is Not Subject to ‘Anti-SLAPP’ Motion to Strike Complaint June 2010
USPIRG v. Atlantic Salmon of Maine, LLC
Non-Native Fish Deemed “Pollutant”; Maine District Court Fines Salmon Farming Operations under the Clean Water Act July 2003
USPIRG v. Stolt Sea Farm, Inc.
Non-Native Fish Deemed “Pollutant”; Maine District Court Fines Salmon Farming Operations under the Clean Water Act July 2003
Utah Chapter of the Sierra Club v. Utah Air Quality Board, et al
Utah Supreme Court Clarifies Stance on Standing, Grants Sierra Club Standing to Challenge Power Plant Construction Permit January 2007
Utah Department of Environmental Quality, et al. v. Redd, et al.
Supreme Court of Utah Holds New Cause of Action Accrues Every Time Remediation Expense Is Incurred Pursuant to Underground Storage Tank Act July 2002
Utah, ex rel Division of Forestry and State Lands v. U.S.
News From the West October 2008
Utility Air Regulatory Group v. EPA
D.C. Circuit Upholds State Discretion in Implementing Clean Air Act Haze Rule February 2007
Utility Solid Waste Activity Group v. EPA
D.C. Circuit Rejects Amendments to the PCB Mega Rule as Improper under the Administrative Procedure Act April 2001
© Argent & Schuster, Inc. All rights reserved.
All information contained in the Argent Communications Group website is protected by copyright law. Copyright policy
Contact: (800) 419-2741 - E-mail: Click Here