June 2010: Seventh Circuit Enforces Pollution Exclusion in CGL Policy Concerning Groundwater Contamination Arising from Gasoline Leak West Bend Mutual Insurance Company v. United States Fidelity and Guaranty Company, ___F.3d___ 09-2519 (7th Cir. 2010) |
November 2009: Seventh Circuit Affirms Dismissal of Gun Range/Lead Pollution Suit under the Clean Water Act, RCRA and CERCLA for Lack of Standing Pollack v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. 2009) |
November 2009: Seventh Circuit Holds a RCRA Injunction Is Not Dischargeable in Bankruptcy U.S. v. Apex Oil, ___F.3d___ Case No. 08-3433 (7th Cir. 2009) |
November 2009: Seventh Circuit Holds Michigan Lacks Standing to Challenge Clean Air Act Reclassification of Tribal Lands State of Michigan v. U.S. Environmental Protection Agency, ___F.3d___ 08-2582 (7th Cir. Sept. 9, 2009) |
October 2009: Seventh Circuit Denies Standing for Lake Michigan Pollution Blue Eco Legal Council, et al. v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. Aug. 13, 2009) |
April 2009: Seventh Circuit Holds Clean Water Act Citizen’s Suit Barred on Res Judicata Grounds by Subsequently Initiated State Settlement Friends of Milwaukee’s Rivers and Alliance for the Great Lakes v. Milwaukee Metropolitan Sewerage District, ___F.3d___ 08-1103 (7th Cir. Feb. 13, 2009) |
December 2008: Seventh Circuit Holds Clean Air Act Prevention of Significant Deterioration Permit Expired Due to Construction Delay Sierra Club v. Franklin County Power of Illinois, ___F.3d___ 06-4045 (7th Cir. Oct. 27, 2008) |
December 2008: Seventh Circuit Holds Sale of Property with Asbestos-Containing Fixtures Does Not Trigger CERCLA or RCRA Liability Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.3d___ 08-1118 (7th Cir. Oct. 20, 2008) |
November 2008: Seventh Circuit Holds CERCLA Liability Affected¨by the Doctrine of Equitable Conversion but Not by Property Boundaries U.S. v. Capital Tax Corporation,___F.3d___ 07-3744 (7th Cir. Sept. 19, 2008) |
October 2008: Seventh Circuit Holds U.S. EPA Administrator Reasonably Denied Petitions Objecting to CAA Title V Operation Permits Citizens against Ruining the Environment v. U.S. Environmental Protection Agency, ___F.3d___ 07-3197, 07-3198, and 07-3199 (7th Cir. July 28, 2008) |
October 2008: Seventh Circuit Holds Village’s Nuisance Action Not Preempted by CERCLA’s § 113(h), But Preempted by Illinois State Law Village of DePue v. Exxon Mobile Corporation, ___ F.3d___ 07-2311 (7th Cir. Aug. 11, 2008) |
December 2007: Seventh Circuit Rules CERCLA Section 113(H) Prohibits Citizen Suits Challenging Transfers of Federally Owned Superfund Property Pollack v. U.S. Dept. of Defense, ___F.3d___ 07-1104 (7th Cir. Oct. 18, 2007) |
June 2007: Seventh Circuit Holds Intermittent Flooding Creating a Wetland May Be a Compensable Taking under Illinois Law Rockstead, et al v. City of Crystal Lake, ___F.3d___ 06-1286 (7th Cir. April 10, 2007) |
March 2007: In Another Post-Aviall Decision the Seventh Circuit Found Voluntary Cleanup Created Implied Contribution Claim Rights under CERCLA § 107(a) Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Inc., ___F.3d___ 05-3299 (7th Cir. Jan. 17, 2007) |
November 2006: Seventh Circuit to Follow Justice Kennedy’s Concurrence (Usually) when Applying Rapanos U.S. v. Gerke Excavating, Inc., ___F.3d___ 04-3941(7th Cir. Sept. 22, 2006) |
November 2006: Seventh Circuit Holds Annual Emissions Are the Appropriate Test of NSR Applicability—Rejects Fourth Circuit’s Duke Energy Interpretation U.S. v. Cinergy Corp., et al. 458 F.3d 705 (7th Cir. 2006) |
April 2006: aaa aaa aaa |
December 2005: Seventh Circuit Decides When the Government Must Pay Attorneys’ Fees Following an Administrative Action to Decide a Clean Water Act Violation Bricks, Inc. v. U.S. Environmental Protection Agency, ___F.3d___ 05-1125 (7th Cir. Oct 21, 2005) |
August 2005: Seventh Circuit Holds that NRDC Lacks Standing to Challenge EPA’S General Permit Scheme for Construction Stormwater Discharge, but Has Standing to Challenge Procedures for Creating the General Permit Scheme Texas Independent Producers & Royalty Owners Ass’n v. U.S. Environmental Protection Agency, ___F.3d___ 03-3277, 03-3278, 03-3279, 03-3280, 03-3281 & 03-3865 (7th Cir. June 13, 2005) |
June 2005: Seventh Circuit Allows Citizen Suit for PCB Cleanup in Bloomington, Indiana to Proceed Sarah E. Frey, Kevin Enright, and Protect Our Woods, Inc. v. U.S. Environmental Protection Agency and Viacom, Inc.¸ ___F.3d___ 03-3877 (7th Cir. April 6, 2005) |
June 2005: Seventh Circuit Finds that a Judgment Requiring Approval of a Proposed Restoration Plan under the Clean Water Act Is Not a ‘Final Decision’ United States of America v. Heinrich, ___F.3d___ 03-4178; 04-1696 (7th Cir. March 29, 2005). |
March 2005: Seventh Circuit Holds That No Further Remediation Letter Doesn’t Mean It’s Clean St. Charles Manufacturing Limited Partnership v. Whirlpool Corporation and Whirlpool Kitchens, Inc., ___F.3d___ 04-1762 (7th Cir. Feb. 11, 2005) |
March 2005: Seventh Circuit Rejects Illinois Statute Forcing Environmental Foundation to Turn Over Funds Illinois Clean Energy Community Foundation v. Filan, ___F.3d___ 04-2277 (7th Cir. Dec. 22, 2004) |
August 2004: Seventh Circuit Affirms EPA’s Right to Withhold Documents Pursuant to the Deliberative Process Exemption of the Freedom of Information Act Enviro Tech International, Inc. v. U.S. Environmental Protection Agency, et al., ___ F.3d ___ 03-2215 (7th Cir. June 10, 2004) |
June 2004: Seventh Circuit Finds Discharge of Dredged Materials from a Supply Pond into a Contiguous River to Violate the Clean Water Act. Greenfield Mills, Inc. v. Macklin, ___F.3d___ 02-1863 (7th Cir.Mar. 19, 2004). |
June 2004: Seventh Circuit Affirms Conviction for Clean Water Act Violations. United States v. Snook, ___F.3d___ 02-2304 (7th Cir. April 23, 2004). |
May 2004: Seventh Circuit Finds Discharge of Dredged Materials from a Supply Pond into a Contiguous River to Violate the Clean Water Act Greenfield Mills, Inc. v. Macklin ___F.3d___, Case No. 02-1863 (7th Cir. Mar. 19, 2004). |
March 2004: Seventh Circuit Refuses to Determine Indemnity Prior to Underlying Finding of Liability Lear Corporation v. Johnson Electric Holdings Limited 353 F.3d 580 (7th Cir. Dec. 30, 2003). |
April 2003: Seventh Circuit Upholds Limited Class Action of "Core Questions" in Pollution Case Mejdrech, et. al., v. Met-Coil Systems Corp ___F.3d___, Case No. 02-8018 (7th Cir. Feb. 11, 2003). |
January 2003: Seventh Circuit Denies U.S. EPA's Authority to Extend St. Louis Clean Air Act Attainment Sierra Club v. Environmental Protection Agency ___ F.3d ___, Case Nos. 01-2844, 01-2845 (7th Cir. Nov. 25, 2002). |
June 2002: Court of Appeals: Seventh Circuit Affirms Dismissal of Third-party Claims for Cleanup Costs where Expert Was Not Allowed to Testify Dura Automotive Systems of Indiana, Inc. v. CTS Corporation 285 F.3d 609 (7th Cir. 2002). |
January 2002: Seventh Circuit Determines that CERCLA Remedial Actions Are "Complete" once Planned Cleanup Procedures Have Been Carried Out Frey v. United States Environmental Protection Agency ___ F.3d ___, Case No. 002748 (7th Cir. Nov. 6, 2001). |
December 2001: FEDERAL: Seventh Circuit Deems Wisconsin Tribe a State for Water Quality Purposes Wisconsin v. Environmental Protection Agency 266 F.3d 741, No. 99-2618 (7th Cir. Sept. 21, 2001). |
June 2001: Seventh Circuit Affirms Dismissal of EPA's Request for a Court Order Seeking Both Access to, and Remediation of, Private Property United States v. Tarkowski ___F.3d___,Case Nos.00-2393 &00-2473 (7th Cir. April 14, 2001) |
January 2001: Seventh Circuit Holds that a Defendant Prevailing in a Nonfrivolous Right-to-Know Lawsuit Is Not Entitled to Attorneys' Fees Citizens for a Better Environment v. The Steel Co. ___F.3d___, 2000 U.S.App. Lexis 25916 (7th Cir. Oct. 17, 2000) |