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Central District of California |
January 2010: District Court Finds Pleadings Sufficient to Withstand Motion to Dismiss Clean Water Act and RCRA Claims against Walt Disney Company Environmental World Watch, Inc. v. The Walt Disney Company, ___F. Supp.2d___ CV09-04045 DDP (C.D. Cal. 2009) |
January 2010: District Court Finds Mandatory Contractual Provisions Requiring the Burning of Hazardous Waste Is¨Not Evidence that the U.S. Was an ‘Operator’ under CERCLA Steadfast Insurance Co. v. U.S., ___F.Supp.2d___ CV 09-4686 AHM (C.D. Cal. Nov. 10, 2009) |
November 2009: News from the West | |
October 2008: News From the West |
August 2008: Los Angeles DWP Files Fraud and False Claims Action against Owens Valley Dust Mitigation Contractor City of Los Angeles v. CH2M Hill, Inc. CV08-04154, filed, June 24, 2008 (C.D. Cal.) | |
June 2008: District Court Dismisses Claims Regarding Contamination of Amazonian River Basin in Peru Due to Forum Non Conveniens Carijiano et al. v. Occidental Petroleum Corp. et al., ___F.Supp.2d___ CV 07-5068 (C.D. Cal. April 15, 2008) | |
March 2008: Presidential Proclamation Exempting Navy Sonar From NEPA/Coastal Act Invalidated for Failure to Show ‘Emergency’ Circumstances Natural Resources Defense Council, et al. v. Winter, et al., ___F.Supp.2d___ 8:07-cv-00335-FMC-FMOx (C.D. Cal. Feb. 4, 2008) | |
October 2007: District Court Rules that Complete Ban on Land Application of Biosolids Is Preemped by California Integrated Waste Management Act and Violates Dormant Commerce Clause City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___ CV 06-5094 (C.D. Cal. Aug. 10, 2007) | |
January 2007: District Court Rules that Complete Ban on Land Application of Biosolids Likely Is Preempted by State Law, Violates Dormant Commerce Clause, and Exceeds County’s Police Powers City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___ CV-06-5094 (C.D. Cal., Oct. 24, 2006) and (C.D. Cal. Nov. 20, 2006) |
October 2006: Development in Bald Eagle Habitat Permanently Enjoined; Developer Fined $1.3 Million under Clean Water Act Center for Biological Diversity v. Marina Point Development Associates 434 F.Supp.2d 789 (C.D. Cal. 2006) | |
April 2006: Environmental Groups Sue to Halt Dredging and Filling along the Santa Clara River Wishtoyo Foundation/Ventura Coastkeeper et al. v. U.S. Army Corps of Engineers CV06-0881, filed Feb. 14, 2006 (C.D. Cal.) | |
February 2006: Ninth Circuit Affirms Summary Judgment Denying Recovery of Cleanup Costs under CERCLA for Failure to Substantially Comply with the National Contingency Plan Carson Harbor Village, Ltd. v. County of Los Angles et al., ___F.3d___ 04-55024 (9th Cir. Jan. 12, 2006) | |
November 2005: Environmental and Religious Groups Challenge Arroyo Toad Critical Habitat Designation Center for Biological Diversity v. U.S. Fish and Wildlife Service 2:05-cv-06194-NM-RZ, filed Aug.24, 2005 (C.D. Cal.) | |
July 2005: Whittaker Corporation Agrees to Pay over $500,000 to Treat Santa Clarita Well Contaminated with Perchlorate | |
April 2005: District Court in California Finds that Corporations Dissolved Prior to the Enactment of CERCLA Are Not Subject to Causes of Action under CERCLA City of Rialto v. U.S. Department of Defense, et al., ___F.Supp.2d___ EDCV 04-00079-VAP(SSx), consolidated with EDCV 04-759 VAP (C.D. Cal. Feb. 3, 2005) | |
January 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
July 2004: District Court Holds Review of State Response Limited to Administrative Record under CERCLA. State of California Department of Toxic Substances Control v. Alco Pacific, Inc., ___F.Supp.2d___ CV 01-9294 SJO (FMOx) (C.D. Cal. May 7, 2004). | |
March 2004: Rialto Files First Lawsuit Regarding Cleanup of Perchlorate in San Bernardino County City of Rialto, et al. v. U.S. Dept. of Defense, et al Case No. CV 04-00079, filed Jan, 20, 2004 (C.D. Cal.). | |
November 2003: Private Cercla Plaintiffs Must Demonstrate National Contingency Plan Consistency, Even For Smaller Site Cleanups | |
September 2003: District Court Approves Relaxed Burden of Proof for CERCLA Plaintiffs Castaic Lake Water Agency v. Whittaker Corp. ___F.Supp.2d___, Case No. CV 00-12613 AHM (RZx), (C.D. Cal. July 15, 2003). | |
June 2003: Tentative Settlement Reached in Soboba Indians' Lawsuit against Metropolitan Water District over 70 Years of Lost Water Supplies Soboba Band of Mission Indians v. Metropolitan Water District of Southern California Case No. 00-04208GAF (C.D. Cal.) |
January 2003: Cottonwood Christian Center v. Cypress Redevelopment Agency and the City of Cypress: Viewing Condemnation through the Eyes of the Religious Land Use and Institutionalized Persons Act by Marc Alexander | |
October 2002: Quantification Agreement Challenged: Suit to Save Salton Sea Could Cause Water Shortages in Southland Center for Biological Diversity v. Norton, filed, C.D. Cal. Sept. 4, 2002. |
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Central District of Iowa |
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District Courts |
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District of Alaska |
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District of Arizona |
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October 2009: News from the West |
August 2009: District Court Overturns Fish and Wildlife Service Glen Canyon Dam BiOp but Upholds US Bureau of Reclamations’s Environmental Assessment Grand Canyon Trust v. U.S. Bureau of Reclamation, et. al., ___F.Supp.2d___ CV-07-8164-PHX-DGC (D. Ariz. May 26, 2009) |
October 2006: U.S. Bureau of Reclamation Settles Claims by Environmental Groups Regarding Impacts of Colorado River’s Glen Canyon Dam Operations on Native Fish Species CIV 06-494, settlement agreement reached Aug. 25, 2006 (D. Ariz.) Center for Biological Diversity v. U.S. Bureau of Reclamation | |
March 2005: District Court Excludes Proposed Expert Testimony on Legal Subjects The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___ CV-91-1764-PHX-DAE (LOA) (D. Az. Jan. 7, 2005) | |
April 2003: Navajo Nation Sues U.S. Department of the Interior for Breach of Trust on Colorado River Water Rights The Navajo Nation v. U.S. Department of the Interior, et al. Case No. CIV'03 0507 PCT PGR (D. Ariz., filed March 14, 2003). | |
August 2002: In Arizona, Federal Judge Halts North Phoenix Development Based on Effects of Clean Water Act Permit Save Our Sonoran v. Flowers, et al., ___F.Supp..2d___, Case no. CIV-02-0761-PHX-SRB (D. Az.) | |
April 2001: Federal/Arizona: Lawsuit Charges Verde River Due More Protection |
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District of California |
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District of Colorado |
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December 2009: District Court in Colorado Finds 1891 Act Right of Way For Reservoir Does Not Vest upon Construction Pine River Irrigation District v. U.S., ___F.Supp.2d___ 04-CV-01463-JLK (D. Colo. 2009) | |
November 2009: Colorado City, Water District, and U.S. Agree to Stay of Litigation to Pursue Federal Legislation to Legitimize Its Use of Arkansas River Water | |
July 2009: District Court Denies Motion to Dismiss CERCLA Claims against ‘Owner and Operator’ where Party Was an Owner Only Board of County Commissioners of County of La Plata, Colorado v. Brown Group Retail Inc., ___F.Supp.2d___ 08-cv-00855 LTB (D. Colo. April 24, 2009) | |
December 2008: News from the West | |
August 2008: District Court Let Stand Strict Liability Claim Premised on Allegation that Use of Dry Cleaning Chemicals Constitutes an Ultrahazardous Activity Effkay Enterprises v. J.H. Cleaners, Inc., ___F.Supp.2d___ 07-cv-02521 (D. Colo. June 5, 2008) | |
May 2008: District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed Wason Ranch Corporation v. Hecla Mining Company et al., ___F.Supp.2d___ 07-cv-00267 (D. Colo. March 31, 2008) | |
March 2008: District Court Addresses Allocation of Recovery Proceeds Received by PRP in Determining Proper Credit Due Defendants in PRP’s CERCLA Contribution Claim Friedland v. TIC-The Industrial Company, ___ F.Supp.2d___ 04-cv-01263 (D. Colo. Jan.18, 2008) | |
December 2007: District Court Lacks Jurisdiction over RCRA Citizen-Suit Requesting Remediation Beyond that Required by EPA under CERCLA Public Service Company of Colorado v. Schrader Oil Company, ___F.Supp.2d___ 05-CV-0785 (D. Colo. Oct. 10, 2007) | |
November 2006: 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 U.S.A. v. Chevron Pipeline Co., 437 F. Supp.2d 605 (N.D. Tex. 2006); Adams v. Teck Cominco Alaska, Inc., ___F.Supp.2d___ 3:04-CV-00049-JWS (D. Alaska July 28, 2006) | |
November 2006: Federal District Court Rejects U.S-Colorado Compromise Regarding Federal Reserved Water Rights for Gunnison National Park’s Black Canyon | |
March 2006: District Court Denies Clean Water Act and Endangered Species Act Challenges to U.S. Forest Service Grazing Permits Center for Native Ecosystems et al. v. Rick Cables and U.S. Forest Service, ___F.Supp.2d___ 04-CV-02409-PSF-CBS (D. Colo. Jan. 9, 2006) | |
December 2004: Ditch and Water Structure Authorizations across Federal Lands: New Case Law Supporting Bypass Flow Requirements | |
June 2004: U.S. District Court Rejects the Forest Service's Issuance of Special-Use Permits Without Bypass Flow Requirements Trout Unlimited v. U.S. Department of Agriculture, et al., ___F.Supp.2d___ 96-WY2686-WD (D. Colo. April 30, 2004). | |
May 2004: Tenth Circuit Hears Oral Argument on Private Right of Action to Enforce Interstate Water Compacts Three Forks Ranch Corporation v. City of Cheyenne, Wyoming and its Board of Public Utilities, et al. ___F.Supp.2d___, Case No. 02-D-398 (D. Colo. Feb. 28, 2003). | |
June 2002: Colorado District Court Finds No Reason to Stay Clean Water Act Citizen Suit, Despite Existence of Pending State Agency Proceeding on Discharge Sierra Club, et al. v. El Paso Gold Mines, Inc. ___F.Supp.2d___, Civil Action No. 01-PC-2163 (D. Colo. April 12, 2002). |
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District of Columbia |
February 2010: District Court Upholds EPA’s Rulemaking Regarding Georgia’s CAA Compliance Thereby Denying North Carolina’s Petition for Redressability State of North Carolina v. U. S. Environmental Protection Agency, ___F.Supp.2d___ 08-1225 (D. D.C. 2009) | |
December 2009: District Court Finds Presidential Permit for U.S.-Canada Oil Pipeline Not Subject to Judicial Review Natural Resources Defense Council, Inc. v. U.S. Department of State ___F.Supp.2d___ 08-1363 (RJL) (D. D.C. 2009) | |
December 2009: Newport News Pulls Plug on Proposed King William Reservoir—After 22 Years, Abandons Plans to Build Reservoir |
June 2009: U.S. District Court Limits U.S. EPA Discretion to Veto a Permit under Section 404 of the Clean Water Act Alliance to Save the Mattaponi, et. al., v. U.S. Army Corps of Engineers, et. al., ___F.Supp.2d___ (D. D.C. March 31, 2009) | |
May 2009: District Court Holds EPA’s Issuance of Unilateral Orders to Address ‘Imminent Endangerment’ Pursuant to CERCLA Section 106 Does Not Violate Due Process General Electric Company v. Jackson, ___F. Supp.2d___ 00-2855 (D. D.C. 2009) |
March 2009: Chesapeake Bay Foundation Sues U.S. EPA over Clean Water Act Alleged Violations in the Bay Recovery Chesapeake Bay Foundation, et al. v. U.S. Environmental Protection Agency 1:09-cv-00005-CKK (D. D.C.) | |
March 2009: Petition Filed Seeking Court Order Requiring Numerous Federal Agencies’ Response to a Request for Rulemaking to Address the Impacts of Global Warming on Imperiled Species Center for Biological Diversity v. Kempthorne 1:2009cv00091, filed Jan. 15, 2009 (D. D.C.) | |
July 2008: District Court Rejects EPA’s Definition of ‘Navigable Waters’ in Its 2002 Spill Prevention Control Rule American Petroleum Institute v. Johnson, ___F.Supp.2d_ __ 02-2247(PLF), 02-2254 (PLF), (D. D.C. Mar. 31, 2008) |
July 2008: Environmental Groups File Challenge to Department of Energy’s Tax Credit Allocation to Coal Based Energy Projects Appalachian Voices, et al., vs. Bodman, et al. 1:2008cv00380, filed, March 3, 2008 (D. D.C.) | |
June 2008: District Court Rejects EPA’s Definition of ‘Navigable Waters’ in its 2002 Spill Prevention Control Rule American Petroleum Institute v. Johnson, ___F.Supp.2d ___ 02-2247(PLF), 02-2254 (PLF), (D. D.C. Mar. 31, 2008) | |
May 2008: District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed Wason Ranch Corporation v. Hecla Mining Company et al., ___F.Supp.2d___ 07-cv-00267 (D. Colo. March 31, 2008) |
January 2008: District Court Rejects Standing for NRDC Alleging an ‘Interest in the Protection of Water Bodies’ under the Clean Water Act National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 07-0972 (D. D.C. Nov. 6, 2007) | |
January 2008: D.C. District Court Rejects Standing for NRDC Alleging an ‘Interest in the Protection of Water Bodies’ under the Clean Water Act National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Spp.2d___ 07-0972 (D. D.C. Nov. 6, 2007) | |
December 2007: California’s Governor and Attorney General Sue EPA for Delaying Action on Requested Waiver of Preemption Regarding Vehicle Emission Standards State of California v. U.S. Environmental Protection Agency 07-cv-02024, filed November 5, 2007 (D. D.C.) | |
November 2007: District Court Finds Army Corps of Engineers’ Recent Mississippi Levee Project Failed to Comply with Clean Water Act Environmental Defense v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 04-1575 (D. D.C. Sept. 13, 2007) | |
August 2007: Developers Challenge New Corps, EPA Guidance for Asserting Wetlands Jurisdiction National Association of Home Builders v. U.S. Army Corps of Engineers, et al. 1:07-CV-00972, filed May 24, 2007, D.C. District Court | |
April 2007: District Court Rejects Tulloch II Rule—Scope of Corps’ Dredge and Fill Permitting Jurisdiction again Called into Question National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 01-0274 (D. D.C. Jan. 30, 2007) | |
October 2006: New Court Challenge Filed over Virginia’s King William Reservoir Challenging the Corps’ Issuance of a Clean Water Act Dredge and Fill Permit Alliance to Save the Mattaponi, et al. v. U.S. Army Corps of Engineers 06-1337, filed July 17, 2006, District of the District of Columbia | |
August 2006: District Court Allows Plaintiffs to Pursue Emotional Distress Damages in Claim Alleging Harm to Real Property Nnadili v. Chevron U.S.A. Inc., ___F.Supp.2d ___ 02-1620 (D. D.C. June 1, 2006) | |
April 2006: Incidental Fallback Dredging Regulations Are Ripe for Review Despite Requirement to Prove Volume of Redeposited Material with Project-Specific Evidence National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.Spp.2d___ 04-5221 (D. D.C. Feb. 3, 2006) | |
March 2006: District Court Refuses to Grant Summary Judgment in a DES Suit Due to Unresolved Fact Questions Cynthia Lee Gassmann v. Eli Lilly and Company, ___F.Supp.2d___ 03-02592 (D. D.C. Dec. 29, 2005) | |
October 2005: District Court Finds a Party May Seek Indemnification from Other PRPs Pursuant to CERCLA § 107(a) if § 113(f) Recovery Is Unavailable Viacom, Inc. v. United States of America, ___F.Supp.2d___ 05-0468 (D. D.C. July 19, 2005) | |
June 2005: District Court Holds D.C.’s Terrorism Prevention Act Constitutional and Not Preempted by Federal Law CSX Transportation, Inc. v. Anthony A. Williams, et al., ___F.3d___ 05-338 (D. D.C. April 18, 2005) | |
June 2005: D.C. District Court Partially Dismisses Claim that CERCLA Section 106 Orders Are Unconstitutional General Electric Company v. Johnson, ___F.Supp.2d___ 00-2855 (JDB) (D. D.C. March 30, 2005) | |
March 2005: District Court Finds U.S. Environmental Protection Agency in Violation of Clean Air Act Sierra Club v. Michael O. Leavitt, Administrator, U.S. EPA, ___F.Supp.2d___ Civ. A-04-094 (D. D.C. Feb. 9, 2005) | |
March 2005: District Court Remands to State Court a Negligence Per Se Claim Premised on Violation of the Federal Safe Drinking Water Act Harding-Wright v. District of Columbia Water and Sewer Authority, ___F.Supp.2d___ 04-00558 (HHK), (D. D.C. Jan. 3, 2005) | |
March 2004: Motion to Clarify Court Order in Spirit of the Sage Council Litigation Filed; Opposition and Reply Briefs Filed as Well | |
January 2004: Endangered Species Disputes over Texas Troglobites Spawn Lawsuit, Dissention Center for Biological Diversity v. Norton, et al. Case No. 1:03CV02402, filed Nov. 19, 2003 (D. D.C.). | |
January 2004: D.C District Court Issues Decision Setting Aside the Department of the Interior’s “No Surprises Rule” on Procedural Grounds Spirit of Sage Council, et al. v. Babbitt, et al. ___F.Supp.2d___, Case No. 98-1873 (D. D.C. Dec. 12, 2003). | |
December 2003: D.C. District Court Grants Summary Judgment in “No Surprises” Conservation Planning Litigation—Fish and Wildlife Service Issues Related Memoranda Spirit of the Sage Council v. Babbitt, et al. ___F.Supp.2d___, Case No. 98-1873 (D. DC Sept. 30, 2003). | |
May 2003: CERCLA Section 113(h) Bars Pre-Enforcement Due Process Challenge General Electric Company v. Whitman, et al. ___F.Supp.2d___, Case No. 00-2855 (JDB) (D. D.C. March 31, 2003). | |
April 2003: D.C. District Court Dismisses Inverse Condemnation Action because of CERCLA Jurisdictional Bar Jach v. American University and United States ___F.3d___, Case No. 02-1580 (ESH) (D. D.C. Feb. 20, 2003). | |
January 2001: General Electric Files Complaint Arguing that EPA's Issuance of Unilateral Administrative Orders under CERCLA Is Unconstitutional General Electric Company v. Carol Browner |
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District of Connecticut |
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August 2009: District Court Sanctioned CERCLA Plaintiff for Failure to Preserve Pre-Litigation Evidence Innis Arden Golf Club v. Pitney Bowes, Inc., ___F. Supp.2d___ 3:06cv1352 JBA (D. Conn.May 21, 2009) | |
December 2008: District Court Holds Town May Not Regulate Airport Construction under Wetlands Ordinance as It Violates the Constitution’s Supremacy Clause Tweed-New Haven Airport Authority v. Town of East Haven, Connecticut 3:08-cv-597 (D. Ct. Oct. 24, 2008) | |
November 2007: District Court Holds that a Plaintiff Need Not Satisfy the Notice Requirements of CERCLA Section 310 in Order to Bring a Section 107 Claim Innis Arden Golf Club v. Pitney Bowles, Inc. et al., ___F.Supp.2d___ 3:06cv1352 (D. Conn. Sept. 28, 2007) | |
March 2007: District Court Finds Gun Club’s Pond No Longer a Navigable Water in Light of U.S. Supreme Court’s Decision in Rapanos Simsbury-Avon Preservation Society v. Metacon Gun Club, ___F.Supp.2d___ 3:04 CV 803 (D. Conn. Jan. 31, 2007) | |
October 2006: District Court Finds Environmental Group Has Standing to Challenge Gun Club under the Clean Water Act for Alleged Discharges Simsbury-Avon Preservation Society v. Metacon Gun Club, Inc., ___F.Supp.2d___ 3:04cv803 (D. Conn. Aug. 23, 2006) | |
October 2005: District Court Applies Aviall and Dismisses All CERCLA Claims by One Potentially Responsible Party against Another Kaladish v. Uniroyal Holdings, Inc., ___F.Supp.2nd___ 3: 00 CV 854(CFD) (D. Conn. Aug. 9, 2005) | |
September 2005: District Court Finds Supreme Court’s Cooper Decision Bars CERCLA Cost Recovery Claims by One Private Party against Another CadleRock Properties Joint Venture, L.P. v. Schilberg, ___F.Supp.2d___ 3:01CV896 (D. Conn. July 18, 2005) | |
August 2005: District Court Affirms EPA Regulations that Allow Shooting Ranges to Operate without a Discharge Permit under RCRA because Bullets Are Not ‘Abandoned’ Simsbury-Avon Pres. Soc’y, L.L.C. v. Metacon Gun Club, Inc., ___F.Supp.2d___ 3:02 CV 656 (JCH) (D. Conn. May 31, 2005) | |
August 2005: District Court Rules that a Party May Bring a CERCLA Action after Losing State Court Environmental Tort Case Based on the Same Alleged Contamination Doyle v. Town of Litchfield, ___ F.Supp.2d ___ 3:02 CV 656 (JCH) (D. Conn. May 31, 2005) | |
October 2004: Recent Investigations, Settlements, Penalties and Sanctions | |
February 2004: District Court Allows Co-PRP to Pursue CERCLA § 107 Claim with Respect to Portion of Site with Divisible Harm Durham Manufacturing Company v. Merriam Manufacturing Company ___F. Supp.2d___, Case No. 3:99cv2583 (GLG)(D. Conn. Dec. 17, 2003). | |
October 2001: EPA and U.S. Customs Combine Forces to Thwart Multi-Million Dollar Conspiracy To Illegally Import Ozone-depleting Materials into the U.S United States v. Himes, et al. ___F.Supp.2d.___, (D. Conn., indicted July 30, 2001). |
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District of Delaware |
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June 2009: District Court Finds Suit by State Agency for Environmental Civil Penalties May Be Exempt from Automatic Stay in Bankruptcy Proceedings W.R. Grace & Co. v. State of New Jersey, Department of Environmental Protection, ___F.Supp.2d___, 08-250 (D. De. March 12, 2009) | |
July 2004: U.S. Environmental Protection Agency and Wal-Mart Reach Major Settlement for Stormwater Violations at Construction Sites. United States of America, et al., v. Wal-Mart Stores, Inc. 04301 (D. Del. May 12, 2004). | |
July 2004: Parent Corporation Successfully Avoids Operator and Arranger Liability. BP Amoco Chemical Company v. Sun Oil Company, ___F.Supp.2d___ Civ. A.00-82-KAJ (D.De. May 5, 2004). | |
July 2002: District Court: District Court in Delaware Reconsiders Prior Ruling and Allows CERCLA Action to Proceed against Corporate Parent BP Amoco v. Sun Oil Company, FMC Corporation, et al. ___F.Supp.2d___, Case No. 00-082-RRM, (D. Dela., April 30, 2002) |
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District of Hawaii |
February 2009: District Court Holds Government’s Failure to Produce Public Records in CWA Suit Does Not Amount to Irreparable Harm Sierra Club, Hawaii v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Haw Nov. 18, 2008) | |
January 2008: District Court Provides Additional Guidance for Calculating Clean Water Act Penalties Sierra Club, et al. v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Haw. Oct. 30, 2007) | |
November 2007: District Court Declines to Stay Private Litigation in Favor of ‘Comprehensive’ Negotiations between U.S. EPA, Hawaii State Agency and Municipal Defendant Sierra Club, Hawaii Chapter v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Hawaii Sept. 11, 2007) | |
June 2007: District Court Clarifies Appropriate Method for Calculating Violations under the Clean Water Act Sierra Club v. City and County of Honolulu, ___F.Supp.2d___ 04-00463 (D. Haw. April 16, 2007) | |
June 2005: Harvesting of Genetically Engineered Crops Does Not Moot Lawsuit to Determine Need for Environmental Assessments Center for Food Safety v. Veneman, ___F.Supp.2d___ CV-03-00621 DAE BMK (D. Hawaii March 29, 2005) |
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District of Idaho |
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District of Illinois |
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District of Indiana |
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District of Kansas |
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District of Maine |
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January 2010: District Court Confirms that a Party to a CERCLA Consent Decree Is Not Subject to a Cross Complaint for Contribution Frontier Communications Corp. v. Barrett Paving Materials, Inc., ___F. Supp.2d___ 1:07-CV-00113-GZS (D. ME. 2009) | |
August 2007: District Court Finds Corps’ Failure to Conduct EIS Not Fatal to Its Issuance of Wetlands Dredge and Fill Permit Friends of Magurrewock, Inc., the U.S. Army Corps of Engineers, ___F.Supp.2d___ CV-07-48-BW (D. Me July 11, 2007) | |
April 2004: Federal Magistrate Concludes that City is a Potentially Responsible Party because of Its Role in Constructing and Operating a Sewer Drain System City of Bangor v. Citizens Communications Company ___F.Supp.2d___, Case No. 02-183-B-S (D. Maine March 11, 2004). | |
July 2003: Non-Native Fish Deemed “Pollutant”; Maine District Court Fines Salmon Farming Operations under the Clean Water Act USPIRG v. Atlantic Salmon of Maine, L.L.C./ USPIRG v. Stolt Sea Farm, Inc ___F.Supp.2d___, Case Nos. 00-151-B-C, 00-149-B-C (D. Me. May 28, 2003). |
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District of Maryland |
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February 2010: District Court Finds Equipment Changes Constituted Modifications to an Emissions Unit which Could Trigger CAA ‘BACT’ Requirements U.S. v. Westvaco Corporation, ___F.Supp.2d___ MJG-00-2602 (D. Md. Dec. 3, 2009) | |
November 2008: District Court Rules that General Liability Insurers Have a Duty to Defend when Sudden and Accidental Nature of Release Is Ambiguous Industrial Enterprises, Inc. v. Penn America Insurance Co., ___ F.Supp.2d ___ RDB-07-2239 (D. Md. Sept. 2, 2008) | |
November 2005: District Court in Maryland Requires Evidence of Continuous Violations for Liability under the CWA but Not under RCRA Potomac Riverkeeper, Inc. v. National Capital Skeet and Trap Club, Inc., ___ F.Supp.2d___ WDQ-05-549 (D. Md. Sept. 27, 2005) | |
November 2004: District Court Holds that Amendments to CERCLA’S Innocent Landowner Defense Do Not Apply Retroactively 1325 “G” Street Associates v. Rockwood Pigments, ___F.Supp.2d___ DKC 2002-1622 (D. Md.Sept. 7, 2004). | |
March 2003: Maryland District Court Makes It Easier to Bring Suit Under CERCLA 1325 "G" Street Associates v. Rockwood Pigments NA, ___F.Supp.2d___, Case No. DKC 2002-1622 (D. Md. Dec. 20, 2002) |
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District of Massachusetts |
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November 2009: District Court Finds Boston May Not Require an All Hybrid Taxi Fleet Due to Federal Preemption Raphael Ophir and Boston Taxi Owners Association, Inc. v. City of Boston, ___F.Supp.2d___ 09-10467 WGY (D. Mass. 2009) | |
May 2007: District Court Applies CERCLA Petroleum Exclusion in Denying Liability but Finds Exclusion Does Not Apply under State Law Cariddi v. Consolidated Aluminum Corp., ___F.Supp.2d___ 05-30111-MAP (D. Mass. March 20, 2007) | |
November 2006: District Court Holds Commuter Line Cannot Be Derailed by Citizen Group’s Challenge to Corps’ Issuance of Clean Water Act Fill Permit Advocates for Transportation Alternatives v. U.S. Corps of Army Engineers, ___F.Supp.2d___ 05-1724 (D. Ma. Sept. 29, 2006) | |
August 2004: District Court Holds that Federal Government’s Violation of State Strict Liability Statute Does Not Give Rise to Liability under Federal Tort Claims Act. Marina Bay Realty Trust LLC v. United States, ___ F.Supp.2d ___ 00-11623-RWZ (D. Mass May 27, 2004) | |
October 2003: Massachusetts District Court Grants Summary Judgment to Seller of Contaminated Property in Action to Recover for Environmental Contamination American Fiber & Finishing, Inc., Trustee of American Fiber & Finishing, Inc. Realty Trust v. Tyco Healthcare Group, LP. ___F.Supp.2d ___, Case No. C.A. 01- 10294-GAO (D. Mass. July 28, 2003). | |
November 2002: District Court Denies Attorney's Fees against Defendant Who Failed to Oppose Motion for Summary Judgment General Electric Company v. Berkshire Gas Company ___F.Supp. 2d___, Case No. 00-30164-MAP (D. Mass. Aug. 9, 2002) |
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District of Minnesota |
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March 2005: District Court Finds Defendant Utility Contractor Who Released Hazardous Substances Was Not an “Operator” under CERCLA §107(a)(2) U.S. v. QWEST Corp., ___F.Supp.2d___ 2005 U.S.Dist. LEXIS 1399 (D. Minn. Jan. 24, 2005) | |
September 2004: Minnesota District Court Finds Response Action by Private Party Not a “Removal” Pursuant to CERCLA. Jostens, Inc. v. Vopak, Inc., et al., ___F.Supp.2d___ 02-3761 (D. Minn. July, 28, 2004) | |
May 2004: District Court: District Court Declines to Dismiss Landowner’s Cost Recovery Claim under CERCLA Section 107 Soo Line Railroad Company v. Ashland, Inc ___F.Supp.2d___, Case No. 01-1628 ADM/AJB (D. Minn. March 16, 2004). |
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District of Montana |
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District of Nevada |
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February 2010: Amendment of ‘Orr Ditch Decree’ Governing Truckee River Proposed U.S. v. Orr Water Ditch Co 3:73-cv-00003-LDG In Equity A-3 (D. Nev.) | |
November 2007: News from the West | |
June 2006: Lining the All-American Canal Faces Additional Legal Challenges Consejo de Desarrollo Economico de Mexicali, A.C. v. United States of America CV-S-05-0870-KJD-PAL, filed July 19, 2005 (D. Nev.) | |
May 2006: District Court Dismisses Seven of Eight Claims Challenging the All-American Canal Lining Project Consejo De Desarrollo Economico De Mexicali, AC v. United States, ___F.Supp.2d___ CV-S-05-0870 (D. Nev. Feb. 9, 2006) | |
November 2005: Imperial Irrigation District Seeks to Intervene and Dismiss Lawsuit by Mexicali Farmers Challenging Plan to Line the All-American Canal | |
October 2005: Mexicali Farmers Sue to Stop Lining of All-American Canal Consejo de Desarrollo Economico de Mexicali, A.C. v. United States of America, et al. CV-S-05-0870-KJD-PAL, filed July 19, 2005 (D. Nev.) | |
June 2004: District Court Upholds Tahoe Regional Planning Agency Regulations Protecting Scenic Quality of Lake Tahoe. Committee for Reasonable Regulation of Lake Tahoe v. Tahoe Regional Planning Agency, _F.Supp.2d___ (D. Nev. March 29, 2004). | |
January 2001: Nevada: Federal Court Vacates Previous Decision To Excercise Jurisdiction over Enforcement Proceeding Involving Water Rights Adjudicated under Nevada’s Statutory Water Law State Engineer of the State of Nevada v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada 114 F.Supp.2d 1046 (D. Nev. 2000) vacating decision at 66 F.Supp.2d 1163 (D. Nev. 1999) |
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District of New Hampshire |
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District of New Jersey |
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January 2010: Five Environmental Organizations File Suit against the U.S. Army Corps Challenging Its Notice to Proceed on the Delaware River Deepening Project Delaware Riverkeeper Network v. U.S. Army Corps of Engineers 3:2009cv05889, filed Nov. 19, 2009 (D. N.J.) | |
April 2009: District Court Extends Rule Limiting Depositions of Current High Ranking Government Officials to Include Former Officials | |
March 2009: District Court Exercises Continuing Jurisdiction over Consent Decree to Oversee Groundwater Treatment Permit Conditions Pursuant to CERCLA New Jersey Department of Environmental Protection, et al., v. Gloucester Environmental Management Services, Inc., v. Air Products and Chemicals, Inc. et al., ___F. Supp.2d___ 84-0152, 92-3860 (D. N.J. Dec. 17, 2008) | |
February 2009: District Court Grants Summary Judgment against Sole Non-Settling Defendant in Extensively Litigated CERCLA Superfund Case U.S. v. Kramer, et al., ___F.Supp.2d___ 89-4340 (D. N.J. Nov. 19, 2008) | |
June 2008: District Court Holds Settlement with EPA for Sludge Contaminated Groundwater May Provide Basis for Contribution under CERCLA Section 113 Champion Laboratories, Inc. v. Metex Corp. 02-5284, unpublished opinion (D. N.J. 2008) | |
January 2008: In CERCLA Action to Declare Liability Where No Response Costs Have Been Incurred, District Court Dismisses Section 113 Claim but Permits Section 107 Claim Reichhold, Inc. v. U.S. Metal Refining Company, ___F.Supp.2d___ 03-453 (D. N.J. Nov. 15, 2007) | |
January 2008: District Court Unable to Classify Superfund Cleanup as Either Removal or Remedial at Pleadings Stage of Cost Recovery Action U.S. v. Sensient Colors, Inc., ___F.Supp.2d___ 07-1275 (D. N.J. Oct. 30, 2007) | |
January 2006: District Court Finds Prisoners May Not Pursue Federal Class Action against U.S. Officials for Exposure to Contaminated Water—May Pursue Limited Claims against State Defendants Robert Suarez v. A1, et al., ___F.Supp.2d___ 06-2782 D.N.J. (D. NJ Dec. 13, 2006) | |
November 2006: District Court Finds Environmental Groups Failed in Their Challenge of Corps Issued Permit to Fill in Wetlands at Meadowlands Sports Complex Sierra Club v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 05-1724 (D. N.J. Sept. 28, 2006) | |
March 2006: District Court Throws Out Property Damage and Medical Monitoring Claims Brought Following Contamination of Drinking Water Well Player v. Motiva Enterprises LLC, ___F.Supp.2d___ 02-3216 (D. N.J. Jan. 20, 2006) | |
September 2004: District Court Rejects Motion Seeking Removal of State Court Medical Monitoring Case Based on a Claim of Diversity Jurisdiction. Ware v. Ciba Specialty Chemicals, ___F.Supp.2d___ 04-1645 (JBS) (D. N.J. Aug. 4, 2004) | |
March 2004: District Court of New Jersey Denies Contribution Rights under CERCLA Absent CERCLA Enforcement Action. E.I.DuPont De Nemours and Co., et al. v. United State, ___F.Supp.2d___, Case No. 97-497 (WJM), (D. N.J. Dec. 2003). | |
October 2002: District Court: District Court for the District of New Jersey Declines to Pierce the Corporate Veil in Environmental Cleanup Case Interfaith Community Organization v. Honeywell International, Inc. ___F.Supp.2d___,Case No.95-2097 DMC (D.N.J.July 26,2002). | |
July 2002: New Jersey District Court Rejects Divisibility of Costs Argument and Awards $6.7 Million to Federal Government United States v. Spaulding Composites Co., Inc. ___F.Supp.2d___, Case No. 94-5451 (D. N.J. May 12, 2002) | |
June 2002: District Court: New Jersey District Court Grants Standing to Community Organization in RCRA Suit against Owner of Former Chromate Chemical Production Facility. Interfaith Community Organization v. Honeywell International, Inc. ___F.Supp.2d___, No. 95-2097-DMC (D. N.J. March 12, 2002). | |
November 2001: Two Corporations Agree on $90 Million Soil Cleanup at Tom's River Superfund Site in New Jersey United States v. CDMG Realty Co. No. 89-4246 (D. N.J., proposed consent decree, filed September 10, 2001). |
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District of New Mexico |
November 2009: FEMA Sued in Federal District Court for Issuance of Flood Insurance Constituting a Violation of the Endangered Species Act WildEarth Guardians v. Federal Emergency Management Administration 01-0079-MCA/RLP (D. N.M. 2009) | |
August 2009: Recovering Recovery—The U.S. District Court for New Mexico Notes U.S. Fish and Wildlife Service’s Improper Critical Habitat Designation Processes | |
August 2008: Industry Brings Legal Challenge to Albuquerque’s Green Building Codes Air Conditioning, Heating and Refrigeration Institute, et al. v. City of Albuquerque 1:2008cv00633, filed, July 3, 2008 (D. N.M) | |
October 2006: On Remand, District Court Withdraws Previous Findings of Fact and Conclusions of Law and Adopts New Definition of Hydraulic Connection between Ground and Surface Water Herrington v. State of New Mexico ex rel. Office of the State Engineer 133 P. 3d 258 (D. N.M. 2006) | |
April 2006: Proposed Settlement Agreement Reached in the West’s Longest Running Adjudication New Mexico v. Aamodt 66cv06639 MV-LCS, filed April 20, 1966 (D. N.M.) | |
February 2006: District Court in New Mexico Issues Final Order Disposing of Any Remaining Claims in Agency Action Rio Grande Silvery Minnow v. Keys, ___F.Supp.2d___ 99-1320 (D. N.M. Nov. 22, 2005) | |
December 2004: New Mexico Federal District Court Issues Memorandum and Order in Jemez River Adjudication on the Indian Pueblos’ Water Use Claims United States v. Abousleman, et al. 83cv01041 MV, Mem. Op. and Order (D. N.M. filed Oct. 4, 2004) | |
July 2004: Municipal and Water Utility Litigation Filed in New Mexico Dealing with Federal Protection of Water and Sewer Service Areas under 7 U.S.C. § 1926 (b). North Star Domestic Water Consumers and Mutual Sewer Works Co-Op, Inc. v. City of Aztec CIV 04-0511, MCA/LFG (D. N.M. filed May 10, 2004) | |
August 2003: District Court Rejects New Mexico’s Request for Order Enjoining Pojoaque Pueblo from Using Water for Second Ten-Hole Golf Course and Resort Hotel New Mexico v. Aamodt ___F.Supp.2d___, Case No. 66cv06639 MV-LCS-ACE (D. N.M. June 30, 2003). | |
January 2002: NEW MEXICO: Environmental Groups Intend to Refile Suit Contending New Mexico's Water Quality Standards Illegally Exempt Agricultural Runoffs and Fail to Protect Endangered Species Defenders of Wildlife and Forest Guardians v. United States Environmental Protection Agency CIV No. 011252 DJS/ WWD (D. N.M. filed Nov. 2, 2001) | |
October 2001: FEDERAL/NEW MEXICO: U.S. Fish & Wildlife Service Issues Programmatic Biological Opinion for Rio Grande Silvery Minnow and Southwestern Willow Flycatcher; Second Amended Complaint Filed in Ongoing ESA Litigation RGSM v. McDonald Civ. No.. 99-1320 (D. N.M. filed Nov. 15, 1999). | |
April 2001: Federal/New Mexico: Federal Court Ruling Sets Forth Parameters on Rio Pojoaque Pueblos' Water Rights in Northern New Mexico State of New Mexico v. Aamodt ___F.Supp.2d___,Civ No.66-06639 M-ACE,Order, Jan. 31, 2001 (D.N.M.) |
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District of Oregon |
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February 2010: District Court Finds Gun Range, as Potential Source of Pollution, Has Liability Exposure under the Clean Water Act and RCRA Benjamin v. Douglas Ridge Rifle Club, ___F.Supp. 2d ___ 07-1144-HA (D. Or. Dec. 1, 2009) | |
December 2009: District Court Finds Oregon Electrical Generating Facility Must Comply with Federal and State Clean Air Permitting Requirements Sierra Club v. Portland General Electric Company, ___F. Supp.2d___ 08-1136-HA, (D. Or. 2009) | |
April 2009: District Court Limits Application of Deliberative Process Privilege and Orders Documents Be Included in Administrative Record Northwest Environmental Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___ 05-1876 HA (D. Or. Feb. 11, 2009) | |
April 2009: News from the West | |
July 2008: News from the West | |
May 2008: Idaho Irrigators and Water Users Cautiously Optimistic Regarding Recent Salmon Recovery Settlements National Wildlife Federation v. National Marine Fisheries Service CV-01-00640-RE (D. Or.) |
April 2008: aaa aaaa aaa | |
December 2007: News from the West |
November 2007: District Court Upholds Listing of Coastal Coho Salmon under the Endangered Species Act Trout Unlimited v. Lohn, ___F.Supp.2d___ 06-1493-ST (D. Or. Oct. 5, 2007) | |
May 2007: District Court Finds Clean Water Act Permits Not Needed for Discharges of Stormwater from Ditches alongside Logging Roads Northwest Environmental Defense Center v. Brown, et al.,___F.Supp.2d___ 06-1270 (D. Or. March 1, 2007) | |
December 2006: News from the West—Protecting Salmon Salmon Spawning & Recovery Alliance v. Gutierrez, ___F.Supp.2d___ C05-1877RSM (W.D. Wash. Sept. 12, 2006) | |
November 2006: Federal District Judge Implicates Idaho Stored Water Supplies in Sharply Worded Remand Order Overseeing Salmon Recovery Efforts American Rivers v. NOAA Fisheries, et al., ___ F.Supp.2d___ CV 04-00061-RE (D. Or. Sept. 26, 2006) | |
October 2006: Oregon District Court Invalidates 2005 Upper Snake River Biological Opinion but Stops Short of Requiring Single Biological Opinions for the Federal Columbia River Power System and Upper Snake River Project American Rivers v. NOAA Fisheries, ___F.Supp.2d___ 04-0061 (D. Or. May 23, 2006) | |
May 2006: Klamath River Project Litigation Demonstrates Endangered Species Act Effects on Agency Decisions Pacific Coast Federation of Fishermen’s Association, et al. v. United States Bureau of Reclamation et al., 426 F.3d 1082 (9th Cir. 2005) on remand CV-02-02006-SBA (N.D. Cal. March 27, 2006) |
February 2006: To Count, or Not to Count: Lawsuit Challenges NMFS’ Election to Not Count Hatchery-Spawned Salmon in Rendering ESA Listing Determinations Alsea Valley Alliance v. Evans (U.S. Department of Commerce) Case No. 05-CV-06376, filed Dec. 13, 2005 (D. Or.) | |
November 2005: District Court in Oregon Raises Possibility of Dam Breaching in Its Opinion and Order of Remand on Columbia River Biological Opinion National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) | |
August 2005: District Court in Oregon Addresses Endangered Species Act Consultations Regarding Hydroelectric Power Reservoirs National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) | |
June 2005: Judge Says Statute of Limitations Bars Tribe’s Claims for Compensation for Alleged Damages Sustained to Tribal Fishing Rights Klamath Tribes of Oregon v. PacifiCorp, ___F.Supp.2d___ 04 – 644 – CO (D. Or. April 21, 2005) | |
April 2005: U.S. District Court for District of Oregon Rules Coho Salmon Have Been Illegally Listed California State Grange, et al. v. U.S. Dept of Commerce, et al. ___F.Supp2d___ 02-6044 (D.Or. Jan 25, 2005) | |
March 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
July 2004: District Court Finds Failure to Conduct All Appropriate Inquiry Costs PRP Innocent Purchaser Status. XDP Inc. v. Watumull Properties Corp. v. Hongkong & Shanghai Banking Corporation, et al., ___F.Supp.2d___ Civ. 99-1703-AS (D. Or. 2004). | |
June 2003: District Court Orders U.S. EPA to Promulgate New Clean Water Act Temperature Standards for Oregon Northwest Environmental Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___, 2003 U.S. Dist. LEXIS 6482 (D. Or. March 31, 2003). | |
October 2001: FEDERAL/OREGON: Irrigation Districts Move to Intervene in Suit Brought by Environmental Groups Requesting that Bald Eagles Be Given Priority to Klamath Project Water Oregon Natural Resources Council v. Keys Case No. 01-6250-AA, motion filed Sept. 5, 2001 (D. Or.). | |
October 2001: Oregon Irrigation Districts Move to Intervene in Suit Brought by Environmental Groups Requesting that Bald Eagles Be Given Priority to Klamath Project Water Oregon Natural Resources Council v. Keys Case No. 01-6250-AA, motion filed Sept. 5, 2001 (D.Or.). | |
July 2001: Federal/Oregon: District Court Denies Klamath Farmers' Request For Injuction Preventing Implementation of Bureau's 2001 Operations Plan Kandra v. United States ___F.Supp.2d___,Civ.No.01-6124-AA,2001 (D. Or. April 30, 2001) | |
February 2001: Technically Deficient Notice of Intent to Sue under Clean Water Act Upheld where Notice Served Its Essential Functions Northwest Environmental Defense Center v. Blue Heron Paper Company ___F.Supp.2d___,2000 WL 1763665 (D. Or. 2000) |
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District of Pennsylvania |
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District of Puerto Rico |
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April 2009: District Court Decides Private Citizen Suits Are Not Barred by Previous Administrative Actions Hernandez v. Esso Standard Oil Co., ___F.Supp.2d___ 03-1485 (D. Puerto Rico, Feb. 10, 2009) | |
October 2004: Puerto Rico Federal District Court Finds Individual Liable under Both CERCLA and RCRA United States v. JG-24, Jorge Ortiz, et al., ___F.Supp.2d___ Civ. 00-1483 (D. P.R. Aug. 12, 2004) | |
August 2004: Puerto Rico Federal District Court Rejects Consultant’s Statutory Immunity Defense to Contribution Claims Brought under Puerto Rican Law Hernandez et al. v. Esso Standard Oil Company et al., ___F.Supp.2d___ 03-1485 JAG/GAG (D. PR June 17, 2004) | |
May 2004: U.S. Environmental Protection Agency Removal Actions Are Protected by Sovereign Immunity as Discretionary Conduct United States v. JG-24, Inc. ___F.Supp.2d___, Case No. 00-1483 (RLA) (D.P.R. March 12, 2004). |
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District of Rhode Island |
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March 2009: District Court Uses Doctrine of Issue Preclusion to Bar Parties’ Claim that State Emissions Regulation is Preempted by Federal Law Lincoln Dodge, Inc. v. Sullivan, ___ F.Supp.2d ___ 06-70T (D. R.I. 2008) | |
April 2008: District Court Holds Plaintiff’s Nuisance Claim Does Not Violate the Burford and Primary Jurisdiction Doctrines Corvello v. New England Gas Company, ___F.Supp.2d___ 05-221T, 05-274T, 05-370T, 05-522T (D. R.I. Jan. 30, 2008) | |
May 2007: District Court Holds a Potentially Responsible Party Can Sue for Contribution under CERCLA §107 Emhart Indus. v. New Eng. Container Co., ___F.Supp.2d___ 06-218S (D. R.I. March 20, 2007) | |
December 2004: District Court in Rhode Island Finds No Causal Connection between Oil Spill and Diminution of Lobster Catch Thomas Hall v. Eklof Marine Corp., et al., ___ F.Supp.2d___ 02-162L (D. R.I. Oct. 13, 2004) | |
April 2004: District Court Finds Rhode Island Law Protects Superfund Debtor from Contribution Liability Rohm & Haas Company v. Capuano ___F.Supp.2d___, Case No. 02-521S (D.R.I. Feb. 3, 2004). | |
December 2003: District Court of Rhode Island Declines to Apply Retroactively the 2001 Amendments to CERCLA Innocent Landowner Defense United States v. Domenic Lombardi Realty, Inc. ___F.Supp.2d____, Case No. C.A. No. 98-591S (D. R.I. Oct. 17, 2003). | |
July 2003: Rhode Island District Court Considers Constitutional Challenge to Warrantless Searches for Illegal Dumping Vinagro v. Jan H. Reitsman, Rhode Island Department of Environmental Management, et al ___ F.Supp.2d ___, Case No. C.A. 02-121-L (D. R.I. May 6, 2003). | |
October 2001: First Circuit Refuses to Raise the Bar for Proving CERCLA Contribution Claims United States v. William M. Davis, et al. ___F.3d___, Case Nos. 00-1234, 001342, 00-1343, 00-1344, 001345, 00-1399, 00-1400, 00-1401, 00-1402, 00-1403 and 00-1404 (1st Cir. Aug. 17, 2001). |
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District of South Carolina |
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District of South Dakota |
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District of the Virgin Islands |
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District of Utah |
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District of Wyoming |
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Eastern Distrcit of Tennessee |
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Eastern District of Arkansas |
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Eastern District of California |
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February 2010: California Department of Water Resources Intervenes in Consolidated Delta Smelt Litigation San Luis & Delta-Mendota Water Authority et al v. Salazar et al 1:09-cv-00407-OWW-DLB (E.D. Cal.) | |
January 2010: Environmental Organizations File Two Lawsuits to Force Greater Protection for Delta Smelt and Longfin Smelt Center for Biological Diversity v. Salazar 1:2009cv02092, filed Nov. 13, 2009 (E.D. Cal.) | |
January 2010: District Court Holds U.S. Bureau of Reclamation Required to Perform NEPA Review for Implementation of Delta Smelt Biological Opinion San Luis & Delta Mendota Water Authority v. Salazar (Delta Smelt Consolidated Cases) 1:09-cv-407 OWW DLB (E.D. Cal. 2009) |
December 2009: District Court Finds Publicly Operated Sewage Treatment Facilities Can Be Sued as PRPs for Hazardous Materials Dumped into Their Sewers Adobe Lumber, Inc. v. Hellman, ___F.Supp.2d___ 05-1510WBS EFB (E.D. Cal. 2009) | |
December 2009: Environmental Organization Challenges U.S. Fish and Wildlife Service’s Failure to Uplist Delta Smelt to Endangered Status Council for Endangered Species Act Reliability v. Salazar 2:09-cv-02875-JAM-GGH, filed Oct. 15, 2009 (E.D. Cal.) | |
December 2009: Judge Wanger Issues Rulings in the Consolidated Proceedings Regarding the Fish and Wildlife Service’s BiOp and the Authority to Regulate Delta Smelt San Luis Delta-Mendota Water Authority, et al. v. Salazar 1:09-CV-407 (E.D. Cal. 2009) | |
November 2009: U.S. District Court Judge Wanger Holds Hearing on Challenges to the Delta Smelt Biological Opinion San Luis Delta-Mendota Water Authority v. Salazar 1:09-CV-407 (E.D. Cal) | |
November 2009: District Court Issues Decision Dismissing Central and South Delta Water Agencies’ Challenge to the Bay-Delta Conservation Plan Central Delta Water Agency et al. v. U.S. Fish and Wildlife Service, et al., ___F.Supp.2d___ 1:09-CV-00861 OWW DLB (E.D. Cal.) | |
October 2009: District Court Rules in Favor of Eastern Municipal Water District and Rancho California Water District in Suit Involving the Santa Margarita River Watershed U.S., et al. v. Eastern Municipal Water District, ___F. Supp.2d___ CV 04-8182 CBM (Aug. 4, 2009) (E.D. Cal. Aug. 4, 2009) | |
August 2009: News from the West | |
July 2009: District Court finds Section 7(a)(2) of the Endangered Species Act Does Not Apply to Renewal of Sacramento River Settlement Contracts Natural Resources Defense Council v. Kempthorne, ___F. Supp.2d___ 1:05-CV-01207 (E.D. Cal. April 27, 2009) | |
July 2009: Pacific Legal Foundation Files Constitutional Challenge to Delta Smelt Pumping Restrictions a Day Before a Hearing in Another Action by Water Users on Water Restrictions Stewart & Jasper Orchards, et. al. v. Salazar 1:2009-CV-00892 (E.D. Cal) | |
July 2009: Recent Ruling by the U.S. District Court Provides Clarification on the Federal Government’s Ability to Account for Water Designated for Species Protection San Luis & Delta-Mendota Water Authority v. U.S. Department of the Interior 1:2009cv00407 (E.D. Cal) | |
June 2009: Delta Water Agencies File Action Challenging Potential Delta Conveyance System | |
May 2009: Three Lawsuits Filed in Federal District Court Challenging December 2008 Delta Smelt Biological Opinion | |
April 2009: News from the West | |
January 2009: District Court Upholds Some CVP Contracts Despite Reliance on Invalidated Bi-Op—Orders Supplemental Evidence of Water Rights before Ruling on Other Contracts Natural Resources Defense Council v. Kempthorne, ___F.Supp.2d___ 1:05-CV-01207 OWW TAG (E.D. Cal. Nov. 19, 2008) | |
December 2008: District Court Allows Sewer Contamination Nuisance Action against City to Proceed, Rejecting Immunity Claims Adobe Lumber, Inc. v. Hellman, ___F.Supp.2d___ 05-1510 WBS PAN (E.D. Cal. Oct. 2, 2008) | |
December 2008: District Court Judge Wanger Issues Order Regarding New Request for Interim Injunctive Relief in Pacific Coast Federation Case Pacific Coast Federation of Fishermen’s Associations v. Gutierrez 1:06-CV-0025 OWW GSA, order issued, Oct. 21, 2008 (E.D. Cal) | |
December 2008: District Court Holds Statue of Limitations for CERCLA Response Costs Begins upon Completion of All Removal Actions—Groundwater Contamination Is a ‘Continuing’ Nuisance ENNS Pontiac, Buick, & GMC, et al. v. Flores, et al., ___F.Supp.2d___ 1:07-CV-1043 OWW DLB (E.D. Cal. Oct. 10, 2008) | |
December 2008: News from the West | |
November 2008: California Sportfishing Alliance Files Clean Water Act Suit against City of Stockton Regarding Wastewater Treatment and Collection California Sportfishing Alliance v. City of Stockton 2:2008cv02184, filed Sept. 16, 2008 (E.D. Cal) | |
November 2008: District Court Extends Deadline for Fish and Wildlife to Complete Revised Delta Smelt Biological Opinion— Holds Hearing on Motions for Summary Judgment NRDC v. Kempthorne 1:05-cv-1207 OWW, order issued, Sept. 2008 (E.D. Cal) | |
August 2008: In Challenge to Operation of State and Federal Water Projects, Federal District Court Denies Request to Order Increased Flow Releases and Opening of Diversion Dam Pacific Coast Federation of Fisherman’s Associations v. Gutierrez 1:06-cv-00245-OWW-GS, orders, June 24, 27, 2008 (E.D. Cal.) | |
May 2008: Federal Judge Partially Invalidates Salmonid BiOp for Inconsistent Conclusions and Failure to Address Climate Change Impacting California’s Water Projects Pacific Coast Federation of Fishermen’s Associations v. Gutierrez 1:06-cv-00245-OWW-GSA, order, April 16, 2008 (E.D. Cal.) | |
April 2008: Coalition of Water Users Sue California Fish and Game Agencies over Striped Bass Fishing Regulations in the Delta Coalition for a Sustainable Delta v. Carlson 2:08-cv-00220-FCD-KJM, U.S. District Court for the Eastern District of California, filed Jan. 29, 2008 | |
March 2008: District Court Upholds Removal of Suit under Energy Policy Act Despite Plaintiffs’ Claim that Pleading Reference to MTBE Was Merely a ‘Time- Marker’ Bonds v. Nicoletti Oil, Inc., ___F.Supp.2d___ CV-F-07-1600 (E.D. Cal. Jan. 30, 2008) | |
March 2008: U.S. District Court Rules on Motions to Dismiss Second Supplemental Complaint in Natural Resources Defense Council v. Kempthorne 05-CV-01207 (E.D. Cal 2008) | |
February 2008: 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 U.S. v. Lyon, ___F.Supp.2d___ CV F 07-0491 LJO GSA (E.D. Cal 2007) | |
December 2007: News from the West | |
November 2007: News from the West | |
October 2007: District Court Issues Decision on Interim Remedies Regarding Long-Term Central Valley Project and State Water Project Operations Criteria and Plan Natural Resources Defense Council, et al v. Kempthorne, et al. 05 CV 01207 (E.D. Cal. Aug. 31, 2007) | |
August 2007: CVP/SWP Litigation Update: Project Operations amidst State and Federal Court Litigation Natural Resources Defense Council v. Kempthorne et al. 05-CV-01207 (E.D. Cal) | |
August 2007: District Court Applies Porter-Cologne Act to Hold Defendants Liable for Government Response Costs under Polanco Act, but Government Not Excused from Notice Requirements Redevelopment Agency of the City of Stockton v. Burlington Northern and Santa Fe Railway Corporation, Union Pacific Railroad Company, ___F.Supp.2d____ Civ. S-05-02087 (E.D. Cal. June 19, 2007) | |
July 2007: District Court Strikes Down Biological Opinion for CVP/SWP Operations in the Sacramento-San Joaquin Delta—DWR Curtails SWP Pumping Natural Resources Defense Council v. Kempthorne, ___F.Supp.2d___ 05-CV-01207 (E.D. Cal. May 25, 2007) | |
May 2007: District Court Holds that Temporary, “Straw-Man” Ownership Does Not Make One an “Owner” for Purposes of CERCLA Liability AmeriPride Services, Inc. v. Valley Industrial Service, Inc., ___F.Supp.2d___ CIV S-00-113 LLK/ JFM (E.D. Cal. Feb. 28, 2007) | |
April 2007: District Court Rejects Tribal Claim against City of Los Angeles Regarding 1941 Land Exchange and Water Rights Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony California v. City of Los Angeles 1:06cv736, unpublished op. (E.D. Cal. Feb 14, 2007) | |
March 2007: District Court Declares California’s Automotive Greenhouse Gas Emission Regulations Preempted by the Clean Air Act Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___ CVF 04-6663 AWI LJO (E.D. Cal. Jan. 16, 2007) | |
January 2007: Show Me the Evidence—District Court Remands on Fish and Wildlife Service’s Final Rule Designating Critical Habitat for Vernal Pool Species Home Builders Ass’n of Northern California v. U.S. Fish and Wildlife Service, ___F.Supp.2d___ 05-629-WBS-KJM (E.D. Cal. Nov. 11, 2006) | |
January 2006: News from the West: The Struggle of State Versus Federal Control over Water Resources Defenders of Wildlife v. U.S. EPA 420 F.3d 946 (9th Cir. 2005) | |
December 2006: News from the West—Protecting Salmon Salmon Spawning & Recovery Alliance v. Gutierrez, ___F.Supp.2d___ C05-1877RSM (W.D. Wash. Sept. 12, 2006) | |
November 2006: District Court Denies California’s Motion to Dismiss Greenhouse Gas Emission Regulation Preemption Challenges, but Dismisses Dormant Commerce Clause and Sherman Act Claims Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___ CVF 04-6663 AWI LJO (E.D. Cal. Sept. 25, 2006) | |
October 2006: Sacramento Airport Faces $2.3 Million Fix for Wetlands/Endangered Species Oversight U.S. v. County of Sacramento 2:06-CV-00908 GEB-GGH, (E.D. Cal.. 2006) | |
August 2006: District Court Holds Private Plaintiffs Can File Citizen Suit under the Clean Air Act without Exhausting State Administrative Remedies Association of Irritated Residents v. C & R Vanderham Diary, ___F.Supp.2d___ F 05-1593 AWI SMS (E.D. Cal. Jun. 16, 2006) | |
June 2006: District Court In California Confirms the Difficulty in Obtaining Preliminary Injunctions in Environmental Cleanup Cases Redevelopment Agency v. Burlington Northern & Santa Fe Ry., ___F.Supp.2d___ Case No. 05-2087 (E.D. Cal. April 11, 2006) | |
November 2005: District Court in California Rules Revised Natomas Basin Habitat Conservation Plan Satisfies the Endangered Species Act National Wildlife Federation, et al., v. Norton, ___F.Supp.2d___ Civ. No. S. 04-570-DFL-JFM (E.D. Cal. Sept. 8, 2005) | |
October 2005: Environmental Groups File Suit in Federal and State Courts in California to Block Poisoning Paiute Cutthroat Trout in Sierra Nevada Streams Californians for Alternatives to Toxics, et al. v. State Water Resources Control Board, et al. 05CS01160 (Sac. Co. Super. Ct.); Californians For Alternatives to Toxics, et al. v. Jack Troyer, et al | |
October 2005: Federal District Court Invalidates Biological Opinions for Friant Dam Water Service Contract Renewals Natural Resources Defense Council v. Rodgers, ___ F.Supp. 2d___ S88-1658LKK (E.D. Cal.) | |
August 2005: U.S. Fish and Wildlife Service Considers Excluding Developing Areas from Vernal Pool Species Critical Habitat Based upon Draft Economic Impact Analysis Butte Environmental Council v. Norton Civ. 04-CV-00096 ( E.D. Cal.) | |
December 2004: City of Lodi Reaches Settlement to Clean Up Polluted Groundwater City of Lodi v. M&P Investments, et al., CIV S-00-2441 FCD JFM (E.D. Cal.) | |
March 2004: Freeport Regional Water Project Dispute Resolved State Water Contractors, et al. v. East Bay Muni. Water Dist.; Kern County Water Agency et al., v. U.S. Dept. of Interior, et al., Case No. CO42652 (Cal. App. 3rd Dist.); and Case No. CIV-F-03-5175 REC SMS (E.D. Cal.) | |
February 2004: District Court Holds that Liability Insurer Does Not Qualify as an Innocent Party under CERCLA California Dep’t of Toxic Substances Control v. City of Chico ___F.Supp.2d___, Case No. Civ. S-02-442 LKK/DAD (E.D. Cal. Jan. 8, 2004). | |
February 2004: U.S. District Court Finds City of Lodi’s Environmental Cleanup Ordinance Is Preempted by CERCLA and Partially Invalid Fireman’s Fund Insurance Company v. City of Lodi, et al.; Unigard v. City of Lodi, et al. ___F.Supp.2d___, Civ. S98-1489 FCD/JFM (E.D. Cal. Dec. 22, 2003); ___F.Supp.2d___, Civ S98-1712 FCD/JFM (E.D. Cal. Dec. 22, 2003). | |
July 2003: District Court Throws Out Critical Habitat Designation for Alameda Whipsnake Home Builders Association of Northern California, et al. v. U.S. Fish and Wildlife Service, et al. ___F.Supp.2d___, Case No. CV F 01-5722 AWI SMS (E.D. Cal. May 9, 2003). | |
May 2003: Water Agencies Seek Injunction to Halt East Bay Municipal Utility District Freeport Project Kern County Water Agency et al. v. U.S. Department of the Interior et al. Civ-F-03-5175 REC SMS (E.D. Cal.). | |
July 2002: The Merced River Litigation: Exploring the Federal Wild and Scenic Rivers Act Friends of Yosemite Valley v. Norton 194 F. Supp. 2d 1068 (E.D. Cal. 2002) | |
June 2002: Trinity River Dispute Continues: Motions for Summary Judgment to Be Considered in July Westlands Water District, et al. v. U.S. Dept. of the Interior, et a., Case No. CIV F00-7124 OWW DBL (E.D. Cal.) | |
December 2001: Sacramento River Water Rights Settlement Contractors Sue United States over Contract Renewal Issues Glenn-Colusa Irr. Dist. v. United States Case No. CIV-S-01-1816 GEB JFM. (E.D. Cal. filed Sept. 25, 2001). | |
December 2001: District Court Issues Summary Judgment Order in CVPIA § 3406 (B)(2) Litigation over "Environmental Water" In re CVPIA §3406(b)(2) Litigation ___F.Supp.2d___, Case No. 97-6140 (E.D. Cal. Oct. 19, 2001). | |
May 2001: All Parties to a Clean Water Act Citizen Suit May Be Named in an Insurer's Declaratory Relief Action Legion Ins. Co. v. Wisconsin-California Forest Products ___F.Supp.2d___, 2001 U.S.Dist.LEXIS 1599 (E. D. Cal. Feb. 6, 2001). | |
May 2001: All Parties to a Clean Water Act Citizen Suit May Be Named in an Insurer's Declaratory Relief Action Legion Ins. Co. v. Wisconsin-California Forest Products ___F.Supp.2d___, 2001 U.S.Dist.LEXIS 1599 (E. D. Cal. Feb. 6, 2001) | |
January 2001: Government Appeals Federal Court Invalidation of Sacramento Splittail Listing San Luis & Delta-Mendota Water Authority v. Anne Badgley, et al., ___F.Supp.2d___, CV-F-5658OWW (E.D.Cal. June 23, 2000). | |
January 2001: Federal: Government Appeals Federal Court Invalidation of Sacramento Splittail Listing San Luis & Delta-Mendota Water Authority v. Anne Badgley, et al ___F.Supp.2d___, CV-F-99-5658OWW (E. D. Cal. June 23, 2000) |
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Eastern District of Louisiana |
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December 2009: District Court Finds U.S. Liable for Damages Resulting from Hurricane Katrina Due to Negligent Maintenance of Mississippi River-Gulf Outlet In Re: Katrina Canal Breaches Consolidated Litigation, __ F.Supp.2d___ 05-4182 | |
June 2008: District Court Holds ‘Federal Facilities’ Provision of the Resource Conservation and Recovery Act Does Not Create Private Cause of Action In re Katrina Canal Breaches Consolidated Litigation, ___F.Supp.2d___ 05-4182 (E.D. La April 16, 2008) | |
January 2008: District Court Holds RCRA Citizen Suit Provision’s Waiver of Sovereign Immunity May Not Apply to Suit against U.S. Otherwise Barred by Flood Control Act In re Katrina Canal Breaches Consolidated Litigation, ___F.Supp.2d___ 05-4182 (E.D. La. Nov. 2, 2007) | |
November 2007: District Court Dismisses Environmental Groups’ Challenge to Post-Katrina Orders Altering Solid Waste Disposal Regulations for Lack of Standing Louisiana Environmental Action Network v. McDaniel, ___F.Supp.2d ___ 06-4161, Slip Op. (E.D. La 2007) | |
July 2007: Post Hurricane Katrina Lawsuits Press On—District Court Dismisses Class Action In re Katrina Canal Breaches Consolidated Litigation 05-4182-SRD-JCW | |
April 2007: U.S. Army Corps Blanket Defense of Sovereign Immunity Rejected by District Court in One Strand of the Consolidated Hurricane Katrina Canal Breaches Litigation In re Katrina Canal Breaches Consolidated Litigation, ___F.Supp.2d___ 05-4182-SRD-JCW; pertaining to Section “K”(2) | |
January 2004: District Court in Louisiana Holds that RCRA Citizen Suit May Be Used to Enjoin Future Conduct Holy Cross v. U.S. Army Corps of Engineers ___F.Supp.2d___, Case No. 03-370 Section “L”(4) (E.D. La. Nov. 3, 2003). |
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Eastern District of Michigan |
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Eastern District of Missouri |
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Eastern District of New York |
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Eastern District of North Carolina |
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April 2006: aaa aaa aaa |
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Eastern District of Ohio |
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Eastern District of Pennsylvania |
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November 2008: District Court Finds Spilled Heating Oil Did Not Constitute a ‘Pollutant’ under the Clean Water Act or Fall under the Pollution Exclusion of a Homeowners Insurance Policy Whitmore v. Liberty Mutual Fire Insurance Co., ___ F.Supp.2d___ 07-5162 (E.D. Pa Sept. 30, 2008) | |
February 2008: Merck Agrees to $20 Million Settlement to Resolve Illegal Discharges U.S. v. Merck & Co., Inc. 07-cv-5239 (E.D. Pa., Dec. 13, 2007) | |
January 2008: District Court Holds Clean Water Act Citizen Suit Fails in Challenge to Pennsylvania NPDES Program Delaware County Safe Drinking Water Coalition, Inc. v. McGinty, ___F.Supp.2d___ 07-1782 (E.D. Pa. Nov. 27, 2007) | |
May 2007: District Court Distinguishes Third Circuit Precedent— Holds Federal Government May Pursue Cost Recovery Action under § 107 Despite Federal Agencies Status as PRP U.S. v. Simon Wrecking, Inc., ___F.Supp.2d___ 06-928 (E.D. Penn. March 14, 2007) | |
May 2007: District Court Finds Bankruptcy Discharge Subsequent to Enactment of Clean Water Act but Prior to Enactment of CERCLA Does Insulate against CERCLA Claim U.S. v. American Permier Underwriters Inc., ___F.Supp.2d____ 06-CV-03167 (E.D. PA. April 4, 2007) | |
March 2006: Northeastern States Utilize Intervention in Superfund Site to Protect Water Resources United States v. Union Corp. et al. 80-1589 (E.D. PA) | |
September 2005: District Court Denies Right to a Jury Trial in Action under State Hazardous Sites Clean-Up Act F.P. Woll & Co. v. Fifth and Mitchell Street, Corp., ___F.Supp.2d___ 96-5973 (E.D. Penn. July 1, 2005) | |
September 2005: District Court Holds it Has No Jurisdiction over Plaintiff’s Claims Attempting to Supplement EPA’s Chosen Remedial Alternatives North Pennsylvania Water Authority v. BAE Systems, et al., ___F.Supp.2d___ 04-4446 (E.D. Penn. July 19, 2005) | |
August 2004: District Court Rules in Favor of Amtrak on Three Separate CERCLA Claims The United States v. National Railroad Passenger Corporation, et al. v. Penn Central Corporation, ___F.Supp.2d___ A 86-1094 (E.D. Pa. June 15, 2004) | |
July 2004: District Court Dismisses as Time-Barred Claims for Damage Allegedly Caused by Air Pollution. Mest v. Cabot Corporation, ___F.Supp.2d___ 01-4943 (E.D. Penn. April 29, 2004). | |
May 2003: District Court Finds Mushroom Waste Processing Facility's Wastewater Processing System Is a "Point Source" under the Clean Water Act Warren Reynolds, et al. v. Rick's Mushroom Service ___F.Supp.2d___, Case No. 01-3773 (E.D. Pa. Feb. 24, 2003). | |
May 2003: Deodorizers May Be Considered Pollutants for Pollution Exclusion Purposes Mark I Restoration SVC v. Assurance Company of America ___F.Supp.2d___, Case No. 02-3729 (N.D. Penn. March 12, 2003). | |
January 2003: District Court Upholds "Substantial Continuity" Test for CERCLA Corporate Successor Liability Pennsylvania v. Concept Sciences Inc. ___F.Supp.2d___, Case No. 02-2888 (E.D. Pa. Dec. 2, 2002). | |
May 2002: District Court Uses De Facto Merger Analysis and "Substantial Continuity" Test to Find Successor Liability under CERCLA United States of America v. Exide Corporation ___F.Supp.2d___, Case No. 00-CV-3057 (E.D. Penn. | |
April 2001: U.S. Announces Three Superfund Site Settlements in New York, Colorado, and Pennsylvania; $46 Million in Costs to be Paid United States v. Goodyear Tire & Rubber Co. No. 96-CV-07215 (W.D. N.Y., settlement filed on Jan) United States v. Berks Assocs. No. 91-4868 (E.D. Pa., settlement filed Jan. 19, 2001). |
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Eastern District of Tennessee |
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Eastern District of Texas |
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Eastern District of Virginia |
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Eastern District of Washington |
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October 2009: District Court Finds that Confederated Tribes of the Colville Reservation Are Not ‘Persons’ under CERCLA Pakootas v. Teck Cominco Metals, Ltd., ___F. Supp.2d___ CV-04-256-LRS, (E.D. Wash. 2009) | |
February 2007: District Court Holds that Recovery of Response Costs under CERCLA and State Law Are Subject to Statutes of Limitations Triggered by Response Actions Not Approved by EPA City of Moses Lake v. U.S., ___F.Supp.2d___ 04-0376 (E.D. Wash Dec. 7, 2006) | |
March 2006: District Court Holds State and Local Officials Are Entitled to Participate in the Selection of CERCLA Cleanups at Sites Formerly Owned by the United States City of Moses Lake v. United States, ___F.Supp.2d___ CV-04-0375-AAM, Doc. 181 (E.D. Wash. Dec. 30, 2005) | |
January 2005: District Court in Washington Holds that CERCLA Applies to Pollution Originating in Canada that Migrates by River into the United States Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.2d___ CV-04-256-AAM (E.D. Wash. Nov. 8, 2004) |
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Eastern District of Wisconsin |
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February 2010: District Court Using Equitable Factors Dismisses Polluters’ Claims for Contribution Appleton Papers Inc. and NCR Corp., v. George A. Whiting Paper Co., et al.,___F.Supp.2d___ 08-C-16 (E.D. Wisc. Dec. 16, 2009) | |
January 2010: District Court Finds a Party Subject to a CERCLA Section 106 Order Is Limited to a Section 113 Claim Appleton Papers Inc. and NCR Corp. v. George A. Whiting Paper Co., ___F.Supp.2d___ 08-CV-00016-WCG (E.D. Wis. Nov. 18, 2009) | |
October 2008: District Court Dismisses CERCLA Section 107 Claim Noting that Section 113 Was Defendant’s Exclusive Remedy Appleton Papers Inc., NCR Corp., v. George A. Whiting Paper Co., ___F.Supp.2d___ (E.D. Wis. Aug. 20, 2008) | |
February 2008: Clean Water Act Citizen Suits and Preclusion Due to State Action—District Court Bars Claims on Res Judicata Grounds on Written Stipulation between State and Agency Friends of Milwaukee’s Rivers, et al, v. Milwaukee Metropolitan Sewerage District, ___F.Supp.2d___ 2:2007cv00005 (E.D. Wis. Dec. 14, 2007) | |
May 2005: Injunction to Prevent Timber Sale in Wisconsin Granted by Federal Court due to Forest Service’s Failure to Adequately Assess Cumulative Impacts Habitat Education Center, Inc. v. Bosworth, ___F.Supp.2d__ 04-C-0254 (E.D. Wis. March 31, 2005) |
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Middle District of Florida |
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Middle District of Pennsylvania |
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Middle District of Tennessee |
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Northern District of Alabama |
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Northern District of California |
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January 2010: Environmental Organizations File Two Lawsuits to Force Greater Protection for Delta Smelt and Longfin Smelt Center for Biological Diversity v. Salazar 1:2009cv02092, filed Nov. 13, 2009 (E.D. Cal.) | |
January 2010: Following Jury Verdict on Common Law Counts, District Court Determines the Source of PCE Release and Response Costs under CERCLA Walnut Creek Manor v. Mayhew Center, LLC, ___F. Supp.2d___ 07-05664 CW (N.D. Cal. 2009) | |
December 2009: District Court Applies More Generous CERCLA Discovery Rule for Running of Statute of Limitations Period Whitlock v. Pepsi Americas, et al., ___F.Supp.2d___ C 08-02742 (N.D. Cal. Oct. 21, 2009) | |
December 2009: Kivalina Village Global Warming Litigation against Energy Companies Dismissed on Political Question Grounds Native Village of Kivalina, Alaska v. ExxonMobil Corp., et al., ___F.Supp.___ c-08-1138 (N.D. Cal. 2009) | |
May 2009: Federal Lawsuit Seeks Endangered Species Protection for Ashy Storm Petrel | |
January 2009: California Dismissed From COSCO BUSAN Suit Stemming from San Francisco Bay Oil Spill Based on Eleventh Amendment Sovereign Immunity U.S. v. M/V COSCO BUSAN, LR/IMO SHIP NO. 9231743, et al. 07-6045 SC, (N.D. Cal.) | |
December 2008: District Court Dismisses RCRA Complaint on the Basis of Res Judicata of Prior Clean Water Act Case and Consent Decree Northern California River Watch v. Redwood Oil, Inc., ___F.Supp.2d___ C 08-02141 WHA (N.D. Cal. Oct. 15, 2008) | |
October 2008: Coalition of Seven Environmental Groups Files Lawsuit against United States Challenging Forest Plans for Four Southern California Forests Center for Biological Diversity, et al. v. U.S. Department of Agriculture, et al. 3:08-CV-03884 (N.D. Cal.), filed Aug. 14, 2008 | |
August 2008: District Court Grants Summary Judgment for Insurance Company Holding No Duty to Indemnify for Voluntary Cleanup Costs Aggio v. Estate of Aggio, ___F.Supp.2d___ 04-4357 (N.D. Cal. June 19, 2008) | |
July 2008: District Court Orders EPA to Review and Revise Carbon Monoxide National Ambient Air Quality Standards Communities for a Better Environment et al. v. U.S. Environmental Protection Agency et al., ___F.Supp.2d_ __ Civ. 07-03678 (N.D. Cal. May 5, 2008) | |
June 2008: District Court Holds Federally Certified Wetlands Are Not ‘Areas under Federal Jurisdiction’ for Purposes of the Endangered Species Act Northern California River Watch v. Wilcox, ___F.Supp.2d___ C06-06685CRB (N.D. Cal. March 6, 2008) | |
June 2008: Environmental Organizations Challenge U.S. Forest Service’s Renewal of Grazing Permits in California Western Watersheds Project, et al. v. U.S. Forest Service 3:08-cv-01460-PJH, filed March 14, 2008 (N.D. Cal) | |
June 2008: District Court Dismisses Labor Organization’s Request for Order Preventing Air District from Issuing Power Plant Permits and to Compel EPA to Issue Endangerment Determination San Francisco Chapter of A. Philip Randolph Institute, et al., v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___ C0 07-04936, (N.D. Cal. March 28, 2008) | |
April 2008: aaa aaa aaa | |
November 2007: District Court Dismisses California’s Global Warming Nuisance Claims against Automakers State of California v. General Motors Corp., ___ F.Supp.2d___ C06-5755 MJJ (N.D. Cal. Sept. 17, 2007) | |
February 2007: District Court Holds Cleanup and Abatement Order Not Subject to Clean Water Act Citizen Suit Humboldt Baykeeper v. Union Pacific Railroad Co., ___F.Supp.2___ C 06-02560 JSW (N.D. Cal. Nov. 27, 2006) | |
November 2006: District Court Will Vacate 30-Year-Old Regulation Providing Exception to CWA for Shipping Vessels Northwest Environmental Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___ 03-05760 (N.D. Cal. Sept. 18, 2006) | |
November 2006: EPA Loses its NPDES Exemption for Discharges Incident to Normal Operation of a Vessel Northwest Environmental Advocates, et al. v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___ C 03-05760 IS (N.D. Cal. Sept. 18, 2006) | |
May 2006: District Court Rejects BLM’s Efforts to Open Algodones Sand Dunes in California to Off-Road Vehicles Center for Biological Diversity v. U.S. Bureau of Land Management, ___ F.Supp.2d___ CO3-02509SI (N.D. Cal. Mar. 14, 2006) | |
April 2006: District Court Temporarily Halts Intertie Project to Link Delta Canals Planning and Conservation League v. U.S. Bureau of Reclamation C 05-3527 CW (N.D. Cal. Feb. 15, 2006) | |
February 2006: Court Case and Regulatory Action May Impact Clean Water Act Effluent Limitation Guidelines in 2006 |
January 2006: California District Court Dismisses Developer’s Claims Challenging State Agency Cleanup of Landfill Gas at Former Air Force Base Shea Homes Limited Partnership v. United States, ___F.Supp.2d___ C04 – 0092 TEH (N.D. Cal. Nov. 10, 2005) | |
October 2005: Environmental Groups File Lawsuit Challenging Delta Biological Opinion Affecting the Central Valley and State Water Projects Pacific Coast Federation of Fisherman’s Associations, et al. v. Gutierrez et al. C05-03232, filed Aug. 9, 2005 (N.D. Cal.) | |
June 2005: District Court Dismisses Insurers Claims against Federal Government on Lack of Subject Matter Jurisdiction American Int’l Specialty Lines Insurance Co. v. U.S., ___F.Supp.2d___ C 04-01591 (N.D. Cal. March 24, 2005) | |
May 2005: District Court in California Dismisses Yurok Tribe’s Claim Regarding Federal Reserved Water Rights Pacific Coast Federation of Fishermen’s Associations, et al. v. United States Bureau of Reclamation, et al., ___ F.Supp.2d___ C 02-02006 SBA (N.D. Cal. March 8, 2005) | |
May 2005: District Court Requires NPDES Permits for Incidental Discharges from Ships Northwest Envtl. Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___ C03-05760 (N.D. Cal. March 30, 2005) | |
April 2005: Environmental Groups File Legal Challenge to Biological Opinion Finding that the Joint Operation of the CVP and SWP Will Not Adversely Affect Delta Smelt Natural Resources Defense Council v. Norton, et al. C-05-0690 EMC, filed Feb. 15, 2005 (N.D. Cal) | |
June 2004: Paper Industry Fails to Obtain Interlocutory Appeal of Public Interest Group Clean Water Act Action Environmental Protection Information Center v. Pacific Lumber Company/U.S. Environmental Protection Agency, ___F.Supp.2d___ C.01-2821 (N.D. Cal. 2004). | |
March 2004: District Court Rules that City of Healdsburg Is Required to Obtain NPDES Permit in Conjunction for Wastewater Discharges into Pond near the Russian River Northern California River Watch v. City of Healdsburg ___F.Supp.2d.___, Case No. C 01-04686 (N.D. Cal. Jan. 23, 2004). | |
January 2004: District Court Rules that Timber Companies Engaging in Forest Logging Are No Exempt from Clean Water Act’s Permitting Process for Point Sources Environmental Protection Information Center v. Pacific Lumber Company et al. ___F.Supp.2d___, Case No. C 01-2821 MHP (N.D. Cal. Oct, 14, 2003). | |
July 2003: California District Court Rules that the Clean Water Act Protects Water Bodies Adjacent to Navigable Waters San Francisco Baykeeper v. Cargill Salt Division ___F.Supp.2d___, Case No. C 96-2161 SI (N.D. Cal. April 30, 2003). | |
May 2001: Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan Pacific Coast Federation of Fishermen’s Association, et al. v. U. S. Bureau of Reclamation ___F.Supp.2d___,Case No.C001955 (N. D. Cal. April 3, 2001). Oregon Steven Kandra, et al. v. Gale Norton, et al Case No.01-61-6124 TC (D. Or.) filed April 9, 2001 | |
May 2001: Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan Pacific Coast Federation of Fishermen’s Association, et al. v. U. S. Bureau of Reclamation ___F.Supp.2d___,Case No.C001955 (N. D. Cal. April 3, 2001). Oregon (Steven Kandra, et al. v. Gale Norton, et al, Case No.01-61-6124 TC (D. Or.) filed April 9, 2001. | |
January 2001: Individuals Held Liable for Civil Penalties under the Safe Drinking Water Act United States v. Alisal Water Corp., ___F.Supp.2d___,2000 U.S.Dist. LEXIS 13454 (N.D.Cal, Sept. 15, 2000) | |
January 2001: Court Holds Environmental Organizations’ Allegations of Members’ Actual Use of Waterway and Impairment of Aesthetic or Recreational Interest Sufficient to Confer Standing Under CWA Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co, 230 F.3d 1141 (9th Cir. Oct.30, 2000). | |
January 2001: Environmental Organization Members’ Use of Waterway Sufficient to Confer Standing on Behalf of Members under Clean Water Act Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (9th Cir. Oct.30, 2000) | |
January 2001: Environmental Organization Members Use of Waterway Sufficient to Confer Standing on Behalf of Members under Clean Water Act Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (9th Cir. Oct.30, 2000) | |
January 2001: Court Holds Environmental Organizations’ Allegations of Members’ Actual Use of Waterway and Impairment of Aesthetic or Recreational Interest Sufficient to Confer Standing Under CWA Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co, 230 F.3d 1141 (9th Cir. Oct.30, 2000). |
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Northern District of Florida |
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Northern District of Georgia |
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Northern District of Illinois |
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July 2009: District Court Holds Alleging Violations of RCRA as Part of a Civil Conspiracy Claim Does Not Present a Federal Question for Jurisdiction Giles, et al. v. Chicago Drum, Inc., et al., ___F. Supp.2d___ 08 C 4654, 08 C 4657, No. 08 C 4660 (N.D. Ill. April 22, 2009) | |
December 2008: District Court Holds RCRA Citizen Suit Filed before Entry of an Administrative Order Is Barred River Village West LLC v. The Peoples Gas Light and Coke Co., ___F.Supp.2d___ 05-2103, 06-4465, 06-5901 (N.D. Ill. Sept. 25, 2008) | |
October 2008: The Waukegan Harbor Saga Continues: U.S. District Court Dismisses City’s Suit against Local Industry City of Waukegan v. National Gypsum Company, et al., ___F.Supp.2d___ 07 C 5008 (N.D. Ill. Sept. 8, 2008) | |
May 2008: District Court Leaves Open Door Open on Issue: Can Ship Propellers Drive CERCLA Liability? City of Waukegan v. National Gypsum Co. et al., ___F.Supp.2d___ 7-cv-05008 (N.D. Ill. 2008) | |
November 2007: District Court Rejects Use of Consent Order to Establish Plaintiff as ‘Prevailing Party’ in Parallel RCRA Suit Initiated by Private Party Menard, Inc. v. Wells Manufacturing Company, ___F.Supp.2d___ 03 C 8313 (N.D. Ill Sept. 11, 2007) | |
July 2007: District Court Requires EPA to Choose a Reasonable Timeframe in Which to Make Decisions on Title V Permits Sierra Club v. U.S. EPA, ___F.Supp.2d___ 06 C 4000, slip op. (N.D. Ill. 2007) | |
June 2007: District Court Holds Asbestos Building Materials, Left Intact within the Structure, Do Not Constitute Disposed Materials under CERCLA or Solid Waste under RCRA Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.Supp.2d___ 06 C 0768 (N.D. Ill., Mar. 30, 2007) | |
June 2007: District Court Construes Indemnity Clause to Include Costs Associated with Voluntary Remediation Master Lock Company v. Hawn, ___F.Supp.2d___ 05-C-3933 (N.D. Ill. April 16, 2007) | |
January 2005: Illinois District Court Declines to Dismiss Groundwater Contamination Claim under the Statute of Limitations Ludwig v. Pilkington North America, Inc., ___ F.Supp.2d ____ 03 C 1086 (N.D. Ill. Oct. 25, 2004) | |
October 2004: Illinois Federal District Court Declines to Apply the Self-Critical Analysis Privilege” in Environmental Case Ludwig v. Pilkington North America, Inc., ___F.Supp.2d___ 03 C 1086 (N.D. Ill. Aug. 13, 2004) | |
July 2004: District Court Holds Duty to Defend and Indemnify in Case of Suit Arises only after a Lawsuit Is Filed in a Court of Law. American Motorists Insurance Company v. Stewart Warner Corporation,___F.Supp.2d___ (N.D. Ill. May 17, 2004). | |
January 2004: District Court in Illinois Certifies Pollution Case as Class Action Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C 1086 (N.D. Ill. Nov. 10, 2003). | |
January 2004: District Court in Illinois Refuses to Dismiss Federal RCRA Action Despite Similar Pending State Court Proceedings Spillane v. Commonwealth Edison Company ___F.Supp.2d___, Case No. 03 C 1989 (N.D. Ill. Nov. 4, 2003). | |
August 2003: Illinois District Court Holds CERCLA Strips Court of Jurisdiction to Hear Equitable Relief Claims Related to CERCLA Site Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C. 1086, (N.D. Ill. June 5 (revised June 9) 2003). | |
May 2003: District Court Rejects Private Claims under the Illinois Environmental Protection Act Great Oak, LLC v. Begley Company ___F.Supp.2d___, Case No. 02 C 6496 (N.D. Ill. March 5, 2003). | |
October 2002: District Court Grants Class Certification Motion in Groundwater Contamination Case Mejdreck v. The Lockformer Co., ___F.Supp.2d___, Case No.01-C-6107 (N.D.Ill.Aug.9,2002). | |
November 2001: District Court: CERCLA'S Public Participation Requirements May Be Satisfied by Public Agency Involvement Norfolk S. Ry. Co. v. Gee Co. ___F.Supp.2d___, 2001 U.S. Dist. LEXIS 12571 (N.D. Ill. Aug. 16, 2001). |
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Northern District of Indiana |
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Northern District of Iowa |
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Northern District of Mississippi |
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April 2008: aaa aaa aaa |
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Northern District of New York |
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July 2007: District Court Holds that a Contribution Claim under State Law Is Precluded by CERCLA Conflict Preemption N. Y. State Electric & Gas Corp. v. FirstEnergy Corp., ___F.Supp.2d___ 3:03-CV-0438 (N.D. NY May 11, 2007) | |
October 2006: District Court Finds a Party Incurring Costs under a CERCLA Consent Decree Cannot Pursue Claim for Contribution under § 107 Niagara Mohawk Power v. Consolidated Rail Corp.___F.Supp.2d___ 5.98-CV-1039 (N.D. N.Y. June 28, 2006) | |
February 2005: Recent Investigations, Settlements, Penalties and Sanctions. | |
June 2003: District Court Rejects Argument that Retroactive Application of CERCLA Section 113 Is Unconstitutional. PAS Oswego Site Performing Group v. Alcan Aluminum Corp., ___F.Supp.2d___, Case No. CV-1534 (N.D. N.Y., April 3, 2003). | |
May 2002: Defendant Held Jointly and Severally Liable for All Removal Costs where Several Chemicals Caused a "Single Harm" United States v. Agway, Inc. Case ___F.Supp.2d___, Case No. 1:99-CV-708 (FJS/GJD) (N.D. N.Y. March 28, 2002). | |
March 2002: New York District Court Finds that State May Reimburse Municipality for Toxic Cleanup, then Seek Reimbursement under CERCLA against Responsible Parties New York v. Moulds Holding Corp. ___F.Supp.2d___,Case No.00-CV-1034 (N.D.N.Y.,Jan.28,2002) |
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Northern District of Ohio |
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July 2007: District Court Denies Motion to Vacate Consent Decree Resolving Water Pollution Statutes Entered into Pre-Rapanos U.S. v. Parker, ___F.Supp.2d___ 3:91CV7482 (N.D. Ohio May 2007) | |
May 2006: District Court Finds Failure to Comply with Continuing Legal Obligations to Retain Records and File Reports May Constitute a RCRA Violation Pierrre Hodgins v. Carlisle Engineered Products, Inc., et al., ___F.Supp.2d___ 1:02-CV-01454 (N.D. Ohio Mar. 20, 2006) | |
January 2006: Ohio District Court Finds Broad Language in a State Court Judgment as Collateral Estoppel Leatherworks Partnership, et al. v. Berk Realty Inc., et al., ___F.Supp.2d___ 4:04 CV 0784 (N.D. Ohio Nov. 15, 2005) | |
December 2005: District Court Dismisses False Claims Act Suit by Former Employee Alleging that Airports Knowingly Misrepresented Compliance with Environmental Laws Nguyen v. City of Cleveland, ___F.Supp.2d___ 1:00cv208, 1:03cv1563 (N.D. Ohio Sept. 30, 2005) | |
December 2005: District Court Refuses to Reconsider Cost Recovery Judgment Despite Supreme Court Decision in Cooper Industries Gencorp., Inc. v. Olin Corporation, ___F.Supp.2d___ 1:93 Cv 2269 (N.D. Ohio Nov. 3, 2005) | |
July 2005: District Court in Ohio Refuses to Apply CERCLA’s Bar to Pre-Enforcement Review of State Action for Environmental Contamination Damages Board of Education v. D.H. Holdings Corporation, ___F.Supp.2d___ 3:04 CV 7390 (N.D. Ohio May 17, 2005) | |
February 2005: Recent Investigations, Settlements, Penalties and Sanctions. |
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Northern District of Oklahoma |
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Northern District of Texas |
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May 2009: District Court Denies Aviall Remedial Investigation Costs under CERCLA 107(A) for Failure to Comply with Public Participation Requirements in National Contingency Plan Aviall Services, Inc. v. Cooper Industries, LLC, ___F. Supp.2d___ 3:97-CV-1926-D (N.D. Tex. Feb. 27, 2009) | |
October 2008: District Court Addresses CERCLA Notification— Holds Government Supervision May Be Insufficient to Sastisfy National Contingency Plan Aviall Services, Inc. v. Cooper Industries, LLC, ___ F.Supp.2d___ 3:97-cv-1926-D (N.D. Tex. Aug. 11, 2008) | |
November 2006: 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 U.S.A. v. Chevron Pipeline Co., 437 F. Supp.2d 605 (N.D. Tex. 2006); Adams v. Teck Cominco Alaska, Inc., ___F.Supp.2d___ 3:04-CV-00049-JWS (D. Alaska July 28, 2006) | |
November 2005: District Court in Texas Denies Implied Right to Contribution of Indemnification under the Clean Water Act Environmental Conservation Organization v. Bagwell, ___F.Supp.2d___ 4:03-CV-807-Y (N.D. Tx. Sept. 29, 2005) | |
November 2004: District Court Denies Environmental Justice Claim under Federal Civil Rights Law Cox v. The City of Dallas, ___F.Supp.2d___ 3:98-CV-1763-BH (N.D. Tex. Sept. 22, 2004) | |
April 2004: District Court Dismisses Claims of Assault, Battery, and Nuisance Arising from Arsenic Contamination In Re Voluntary Purchasing Groups, Inc. Litigation ___F.Supp.2d___, Case No. 3:96-CV-1929-H (N.D. Tex. March 1, 2004). | |
February 2004: District Court Dismisses RCRA and State Law Claims because Plaintiffs Failed to Show that Pollution of River Invaded Their Property Interests Abundiz v. Explorer Pipeline Co. ___F. Supp.2d___, Case No. 3:00-CV-2029-H (N.D.Tex. Dec. 16, 2003). | |
January 2003: District Court Finds that Consent Decree Bars Subsequent Claim for Recovery under CERCLA Asserted by a Potentially Responsible Party In Re: Voluntary Purchasing Groups, Inc. Litigation ___F.Supp.2d___, 2002 U.S. Dist. LEXIS 22643 (N.D. Texas Nov. 22, 2002). | |
December 2002: Texas District Court Evaluates Standard for Pre-Suit Notice under RCRA In re Voluntary Purchasing Groups, Inc. Litigation ___ F.Supp.2d ___, Case No. 96-CV - 2985-H (N.D. Tex. Oct. 16, 2002). |
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Snake River Basin Adjudication |
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April 2008: aaa aaaa aaa | |
July 2007: Idaho Power Company Sues to Enforce the Landmark Swan Falls Agreement Idaho Power Company v. State of Idaho, et al., In Re Snake River Basin Adjudiction 39576, complaint filed, May 10, 2007 | |
September 2005: Idaho: Water Supply and the Land Use Connection | |
August 2005: Once Groundwater, Always Groundwater? The Idaho Supreme Court Addresses Recapture A & B Irr. Dist. v. Aberdeen-American Falls Ground Water Dist., ___P.3d___ 2005-77 (Id. June 21, 2005) | |
January 2005: State of Idaho Explores Purchasing Water Rights | |
October 2004: Snake River Basin Adjudication Court Rules that Irrigation Entities Have an Equitable Ownership Interest in Water Rights from U.S. Bureau of Reclamation Facilities Snake River Basin Adjudication, Subcase 91-63 (SRBA Sept. 2, 2004) | |
July 2004: Snake River Basin Adjudication Parties Agree to Settlement Regarding Nez Perce Tribe’s Water Right Claims. | |
March 2004: Idaho: Endangered Species Act Issues Impacting Water Supply | |
1 September 2003: Idaho: Issues Facing the State’s Rivers and Streams xxx xxx | |
August 2003: In Idaho, Snake River Basin Adjudication District Court to Consider “Who Owns the Water Right | |
September 2002: IDAHO: Groundwater Management, Conjunctive Use and Water Banking | |
January 2002: IDAHO: Following Groundwater Settlements, the Attorney General Files Motion Seeking Expedited Hearing before Snake River Adjudication Court | |
November 2001: IDAHO: United States Declines to Appeal State Supreme Court Federal Reserved Rights Decision | |
April 2001: Idaho: Supreme Court Finds No Federal Reserved Water Right for the Deer Flat National Wildlife Refuge SRBA Case No. 39576, Fish and Wildlife Service SRBA Subcase No. 02-10063, United States v. State 01.6 ISCR 204 (ID. Feb. 22, 2001) | |
February 2001: Idaho: State Tackles Administration of Groundwater and Surface Water |
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Southern District of Alabama |
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Southern District of California |
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December 2009: Air Pollution District Files Suit Alleging Violations of the Clean Air Act and NEPA in Challenging the ‘Colorado River Water Delivery Agreement’ Imperial County Air Pollution Control District, et al. v. Salazar, et al. 09-cv-2233 BTM JMA, filed Oct. 8, 2009 (S.D. Cal) | |
December 2008: Tribal Groups Revive Potential Adjudication of Santa Margarita River U.S. v. Fallbrook Public Utility District 1247-SD-C (S.D. Cal.) | |
December 2006: Federal District Court Invalidates Regional San Diego Habitat Conservation Plan Southwest Center For Biological Diversity et al. v. Bartel et al., ___F.2d.Supp.___ 98-CV-2234-B (S.D. Cal. Oct. 13, 2006) | |
June 2003: Federal Court Remands Determination of IID's Reasonable and Beneficial Water Use to U.S. Department of Interior Imperial Irrigation District v. Norton, et al. ___F.Supp.2d___, Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal.) | |
May 2003: Federal Court Enjoins U.S. Interior Department from Cutting California's Imperial Irrigation District's Colorado River Water Imperial Irrigation District v. United States, Gale Norton, et al. Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal). | |
June 2002: California District Court Holds that Trusts, Like Other Entities Formed for Purposes of Performing Environmental Cleanups, Can Bring CERCLA Contribution Actions Karras v. Teledyne Industries, Inc., ___F.Supp.2d___ Case No. 99CV0996, (S.D. Cal. March 25, 2002). | |
May 2001: Federal Court Denies Metropolitan's Motion to Dismiss Suit Regarding Leakage from Aqueduct Tunnel Pacific Soboba Band of Mission Indians V. Metropolitan Water District Of Southern California, Et Al. ___F.Supp.2d___,Case No.Cv 00-04208-Gaf,(S. D. Cal. March 26, 2001). | |
May 2001: Federal Court Denies Metropolitan's Motion to Dismiss Suit Regarding Leakage From Aqueduct Tunnel Pacific Soboba Band of Mission Indians V. Metropolitan Water District Of Southern California, Et Al. ___F.Supp.2d___,Case No.Cv 00-04208-Gaf, (S. D. Cal. March 26, 2001) |
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Southern District of Florida |
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October 2007: Federal District Court in Florida Follows Up Its Prior Decision by Enjoining Some Corps Permitted Limestone Mining Sierra Club v. Strock 495 F.Supp.2d 1188 (S.D. Fla. 2007) | |
February 2007: Back Into Florida Waters: Federal District Court Finds Lake Okeechobee Backpumping Requires Clean Water Act NPDES Permit | |
May 2006: District Court Grants, in Part, EPA’s Motion for Judgment on the Pleadings as to Claims Related to Setting of Phosphorous Discharge Standards under the Clean Water Act Miccosukee Tribe of Indians v. United States, ___F.Supp.2d___ 04021448 (S.D. Fl. Feb. 16, 2006) | |
April 2006: District Court Grants, in Part, EPA’s Motion for Judgment on the Pleadings as to Some Claims Related to Setting of Phosphorous Discharge Standards under the Clean Water Act Miccosukee Tribe of Indians v. United States, ___ F.Supp.2d___ 04021448 (S.D. Fl. Feb. 16, 2006) | |
March 2006: Backpumping into Lake Okeechobee on Trial in United States District Court Friends of the Everglades, Inc., et al. v. South Florida Water Management District, et al 02-80309-CIV (S.D. Fl. in trial as of Feb. 10, 2006) | |
February 2006: Scripps Research Facility Project in Florida Delayed by Environmental Issues Related to Coastal Development Florida Wildlife Federation v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 05-CV-80339, (S.D. Fla. Sept. 30, 2005); injunction issued Nov. 10, 2005; injunction clarified Nov. 21, 2005 | |
January 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
December 2004: Recent Investigations, Settlements, Penalties and Sanctions |
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Southern District of Georgia |
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Southern District of Illinois |
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Southern District of Indiana |
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August 2009: District Court Orders Severe Sanctions against Client and Law Firm for Discovery Abuses in RCRA Contamination Case 1100 West, LLC v. Red Spot Paint & Varnish Co., Inc., ___F. Supp.2d___ 1:05-cv-01670-LJM-WTL (S.D. Ind. 2009) | |
January 2009: District Court Holds Clean Air Act Provides Court with Equitable Authority to Order Remediation of Past Harm U.S., et al. v. Cinergy Corp, et al., ___F.Supp.2d___ 1:99-CV-1693 (S.D. Ind. Oct. 14, 2008) | |
May 2008: The Latest Chapter in the Saga of Frey v. EPA and CERCLA Plays Out in the District Court of Indiana Frey et al. v. U. S. Environmental Protection Agency et al., slip copy, ___F.Supp.2d____ 1:00-CV-660-RLY-KPF (S.D. Ind. Mar. 11, 2008) | |
February 2008: District Court Seeks to Deter Clean Water Act Violations by Sentencing Violator to Five Years In Prison U.S. v. Hagerman, ___F.Supp.2d___ IP 06-139-CR-1 H/F, IP-06-139-CR-2 H/F (S.D. Ind. Nov. 28, 2007) | |
August 2007: District Court in Indiana Rejects Fair Notice and Routine Maintenance Defenses to CAA New Source Review Enforcement Action U.S. v. Cinergy Corp., ___F.Supp.2d___ 99-1693 (S.D. Ind. June 18, 2007) | |
December 2006: Southern District of Indiana Holds that CERCLA Remedy Cannot Be Challenged under Other Environmental Laws Frey v. U.S. Environmental Protection Agency, ___F.Supp.2d___ 1:00-CV-660-RLY-WTL (S.D. Ind. Sept. 29, 2006) | |
May 2006: District Court Clarifies Interpretation of Clean Air Act NSR/PSD Routine Maintenance, Repair and Replacement Exemption United States, et al. v. Cinergy Corp., et al., ___ F.Supp.2d___ 1:99-CV-1693LJMVSS (S.D. Ind. Feb. 16, 2006) | |
January 2005: District Court in Indiana Holds that Indiana State Superfund Statute Applies Retroactively Commercial Logistics Corporation v. ACF Industries, Inc., ___F.Supp.2d___ 4:04-CV-0074 B/H (S.D. Ind. Nov. 10, 2004) | |
December 2003: District Court in Indiana Holds that City May Not Bring Natural Resources Damages Action under CERCLA The Consolidated City of Indianapolis v. Union Carbide Corp ___F.Supp.2d___, Case No. 1:02-CV-1340-LJM-WTL (S.D. Ind. Oct. 8, 2003) | |
December 2002: District Court: District Court in Indiana Reprimands State Agency's Sloppy Enforcement of CAFO Water Permitting Procedures Save the Valley, Inc. v. U.S. Environmental Protection Agency ___F.Supp.2d___, Case No. IP 99-0058-C-B/ G (S.D. Ind. Sept. 17, 2002). |
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Southern District of Mississippi |
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Southern District of New York |
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February 2010: District Court Allows Citizen Suit under Clean Water Act where Permit Not Modified by Consent Decree, Denies Claims Discharged in Bankruptcy Riverkeeper, Inc. v. Mirant Lovett, LLC, ___F. Supp.2d___ 05-CV-2792(CS) (S.D. N.Y. Dec. 15, 2009) | |
November 2009: Exxon Avoids Punitive Damages but Found Libel for Nearly $105 Million to New York City for MBTE Discharge In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 00 MDL 1898 (SAS), 04 Civ. 3417 (SAS) (S.D. N.Y. Oct. 19, 2009) | |
October 2009: District Court Applies Burlington Northern, Holds Defendant’s Liability from Its Contribution to a Defective Commingled Product Is Merely Several In re Methyl Tertiary Butyl Ether Products Liability Litigation, 00 MDL 1898 (SAS), ___F.Supp.2d___ 04 Civ. 3417 (SAS) (S.D. NY July 14, 2009) | |
July 2009: District Court Stays Challenge to EPA Regulation Excluding Water Transfers from CWA Permit Requirements Pending Decisions in Other Courts Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Environmental Protection Agency, ___F. Supp.2d___ 08-5606, 08-8430 (S.D. N.Y. April 29, 2009) | |
April 2009: District Court Requires Specific Allegations Regarding Parent and Subsidiary Relationship to Maintain CERCLA §107 Action against Parent Ceramicas Industriales, S.A. v. Metropolitan Life Insurance Co., ___F.Supp.2d___ 08-5114, (S.D. N.Y. Feb. 11, 2009) | |
January 2009: District Court Grants Taxicab Association Injunction against Implementation of State Fuel Economy Regulation Metropolitan Taxicab Board of Trade v. City of New York, ___F.Supp.2d___ 08-7837 (S.D. N.Y. Oct. 31, 2008) | |
December 2008: Preliminary Injunction Prevents New York City from Implementing Minimum Miles Per Gallon Standards For New Taxis Metropolitan Taxicab Board of Trade, et. al. v. City of New York, et. al injunction issued, Oct. 31, 2008 (S.D. N.Y.) | |
October 2008: New York City’s Failure to Maintain Dam Not an Adequate Basis to Support Federal Civil Rights Action Elliot v. City of New York, ___F.Supp.2d___ 06-CV-296 (S.D. N.Y. Sept. 8, 2008) | |
January 2008: District Court Upholds Landowners’ and Employees’ Claims for PCB Contamination against Chemical User and Manufacturer Abbatiello v. Monsanto Co., Solutia, Inc., ___F.Supp.2d___ 06 Civ. 0266(VM), 06 Civ. 3461 (VM), 07 Civ. 3258 (VM) (S.D. N.Y., Nov. 5, 2007) | |
July 2007: Bank Settles Suit Alleging CERCLA Operator Liability New York v. HSBC Bank, USA N.A. 07-3160, S.D. New York, settlement entered, May 22, 2007 | |
April 2007: District Court Rules that CERCLA Does Not Preempt State Common Law Claims for Cost Recovery New York v. Ametek, Inc., ___ F.Supp.2d ___ 05 CIV.2186 (S.D. N.Y. Jan. 18, 2007) | |
June 2006: District Court Denies MTBE Defendant’s Motion to Remove Action in the Face of a Fifth Amended Complaint In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 1:00-1898 (S.D. N.Y. April 17, 2006) | |
December 2005: District Court Denies Injunctive Relief and Class Certification in Case Arising from Bhopal Disaster Bano v. Union Carbide Corp., ___F.Supp.2d___ Civ. 11329 (Jfk) (S.D. N.Y. Oct. 6, 2005) | |
November 2005: New York District Court Says Global Warming Is a Non-Justiciable Political Question Connecticut. v. Am. Elec. Power Co., ___F.Supp.2d___ 5669, 5670 (S.D. N.Y. Sept. 19, 2005) | |
July 2005: District Court in New York Finds Pesticide Spray Particles Released over Water Are Pollutants under the Clean Water Act No Spray Coalition, Inc. v. The City of New York, ___F.Supp.2d___ 00-6234 (S.D. N.Y. June 16, 2005) | |
June 2005: New York District Court Applies Alternative Liability Doctrine in Consolidated MTBE Litigaiton In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ Master M File No. 1:00-1898, MDL 1358 (SAS), M21-88, (S.D. N.Y. April 20, 2005) | |
April 2005: District Court in New York Refuses to Contradict the Supreme Court’s Decision on CERCLA Contribution Claims Elementis Chemicals Inc. v. T. H. Agriculture and Nutrition, LLC, ___F.Supp.2d___ 03 CV 5150 (S.D. N.Y. Jan. 31, 2005) | |
January 2005: New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___ 03 Civ. 7682 (S.D. N.Y. Nov. 16, 2004) | |
October 2004: New York Federal District Court Dismisses RCRA Claims where Plaintiff Failed to Show Remediation Plan Inadequate Kara Holding Corp. v. Getty Petroleum Marketing, et al.,___F.Supp.2d___ 99 Civ. 0275 (RWS) (S.D. N.Y. Aug. 13, 2004) | |
September 2004: New York District Court Rules that Cost Cap Policy Covers All Investigation and Remediation Costs Required by EPA. Frazer Exton Development, L.P. v. Kemper Environmental, Ltd., ___F.Supp.2d___ 03 Civ. 0637 (HB) (S.D. N.Y July 28, 2004) | |
September 2004: States and Environmental Groups Allege Global Warming as a Public Nuisance in Suits against Power Companies. State of Connecticut, et al. v. Am. Elec. Power Co., et al., Case No. 04-05669; Open Space Inst., Inc., et al. v. Am.Elec. Power Co., et al. 04-05670 (filed July 21, 2004, S.D. N.Y.) | |
December 2003: Bankruptcy Stay Does Not Prevent Entry of Order Compelling $100 Million Clean Air Act Obligations State of New York and Erin Crotty v. Mirant New York, Inc., and Mirant Lovett, L.L.C. ___F.Supp.2d___, 300 B.R. 174 (S.D. N.Y. 2003). | |
May 2003: District Court: New York District Court Dismisses State Environmental Claims Arising Out of Bhopal, India Disaster Bano v. Union Carbide Corp. ___ F. Supp. 2d ___, Case No. 99 Civ. 11329 (JFK), (S.D. N.Y. March 18, 2003). | |
May 2003: New York District Court Uses "Source of Knowledge" Standard to Decide Breach of Warranty Action Paraco Gas Corp. v. AGA Gas, Inc. ___F.Supp.2d___, 2003 U.S. Dist. LEXIS 3855 (S.D. N.Y. Mar. 14, 2003). | |
June 2002: Defendants Escape with Sanctions Sought because of Their Alleged Failure to Comply with Discovery Orders Kara Holding Corp. v. Getty Petroleum Marketing, Inc. ___F.Supp.2d___, Case No. 99 Civ. 0275 (RWS), (S.D. N.Y. March 29, 2002). | |
June 2001: NRDC Recoups Large Fee Award in Clean Water Act Case Despite Losing on Most of its Claims Natural Resources Defense Council, Inc. v. Fox 129 F.Supp.2d 666 (S. D. N. Y Feb. 6, 2001) |
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Southern District of Ohio |
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October 2009: District Court Holds Clean Air Act Does Not Authorize Citizen Suit against State for Failure to Enforce State Implementation Plan Sierra Club, et al. v. Korleski, ___F.Supp.2d___ 2:08-cv-865 (S.D. Ohio July 29, 2009) | |
January 2009: District Court Rules Assignee May Bring CERCLA Section 107 Claim, but Failed to Satisfy Notice Provisions under Clean Water Act and RCRA Citizen Suit Provisions Moraine Properties, LLC v. Ethyl Corporation, ___F.Supp.2d___ 3:07-CV-229 (S.D. OH Oct. 27, 2008) | |
December 2007: American Electric Power Settles Clean Air Act Lawsuit for $4.6 Billion in ‘Single Largest Environmental Enforcement Settlement in History’ U.S. v. American Electric Power Service Corp. 99-1250, settlement/ consent decree, (S.D. Ohio Oct. 9, 2007) | |
June 2007: Partial Success Means Partial Recovery: District Court Provides an Analytical Framework for Cost Recovery Claims Citizens Against Pollution v. Ohio Power Company, ___F.Supp.2d___ C2-04-CV-3712007 (S.D. Ohio April 12, 2007) | |
June 2006: Southern District of Ohio Revisits PSD Statute of Limitations Holding; Allows for Possibility that Injunctive Relief Could Be Barred or Limited State of New York, et al. v. American Electric Power Service Corporation, et al., ___F.Supp.2d___ 2:04-cv-1098 and 2:05-cv-360 (S.D. Ohio March 21, 2006) | |
October 2005: District Court Holds Sierra Club May Recover Its Fees Using the “Catalyst Theory” under the Clean Water Act United States v. Board of County Commissioners Of Hamilton County, ___F.Supp.2d___ 1:02-CV-00107 (S.D. Ohio Aug. 23, 2005) | |
September 2005: District Court Finds Allegation of Ongoing Violation Is Not Specific Enough to Bring Citizen Suit under the Clean Air Act Freeman v. Cincinnati Gas & Electric Company, Case ___F.Supp.2d___ C-1-04-781 (S.D. Ohio July 18, 2005) |
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Southern District of Texas |
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January 2010: Idaho Water and Wildlife Habitat to Benefit from Largest Environmental Bankruptcy Settlement in U.S. History |
December 2009: District Court Rules on a Series of CERCLA Motions Alleging Equitable Tolling, Tolling Agreement and Statute of Limitations Issues U.S. v. Halliburton Energy Services, Inc., ___F. Supp.2d___ H-07-3795 (S.D. Tex. Oct. 9, 2009) | |
November 2008: District Court Rules Against Motion for Summary Judgment, Denying PRP’s ‘Useful Product’ Defense to CERCLA Liability Tex Tin Settling Defendants Steering Committee v. Great Lakes Carbon Corporation, ___F.Supp.2d___ G-96-0247, G-96-0272 (S.D. Tex. Sept. 22, 2008) | |
August 2007: District Court Jury Finds CITGO Guilty of Clean Air Act Violations U.S. v. Citgo, ___F.Supp.2d___ 2:06-cr-00563 (S.D. Tex. June 27, 2007) | |
April 2007: District Court Limits Private PRPs’ Right to CERCLA Contribution against other PRPs Differential Development-1994, Ltd. v. Harkrider Distributing Co., ___F.Supp.2d___ H-05-3375 (S.D. Tex. Jan. 9, 2007.) | |
March 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
December 2004: Recent Investigations, Settlements, Penalties and Sanctions |
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Southern District of West Virginia |
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February 2010: District Court Rules that U.S. Army Corps Violated the Clear Water Act and NEPA in Issuing Permits to Allow Surface Mining in West Virginia Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 3:08-0979 (S.D. W.Va. 2009) | |
January 2010: District Court Rules that U.S. Army Corps Violated the Clean Water Act and NEPA in Issuing Permits to Allow Surface Mining in West Virginia Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers 3:08-0979 (S.D. W.Va. Nov. 24, 2009) | |
December 2009: District Court Considers Breach of Fiduciary Duty Claims Premised on Environmental and Labor Law Violations | |
March 2009: District Court Finds CWA Citizen Suit Was Proper where State Agency Was Not Diligently Prosecuting Cleanup—However, Suit Became Moot after Consent Decree Ohio Valley Environmental Coalition, Inc., v. Hobet Mining, LLC, ___F.Sup.2d___ 3:08-0088 (S.D. W.V. Dec. 18, 2008) | |
March 2008: District Court Rules Unilateral State Permit Modification Orders to Mines Cannot Avoid CWA Citizen Complaints over Ongoing Violations of Original Permit Ohio Valley Environmental Coalition v. Apogee Coal Company LLC, ___F.Supp2d___ 3:07-0413 (S.D. W.Va. Jan. 24, 2008) | |
December 2005: District Court Holds that a Recently Decided Court Case Does Not Constitute an ‘Other Paper’ for Purposes of Removal Allen v. Monsanto Company, ___F.Supp.2d___ 2:05-0578 (S.D. W.V Nov. 2, 2005) | |
September 2004: District Court Enjoins U.S. Army Corps’ Use of Nationwide Permits for Mining Activities Ohio Valley Environmental Coalition, et al. v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 3:03-2281 (S.D. W.Va. July 8, 2004) | |
June 2004: District Court Holds that Federal Common Law Does Not Apply to Claim by Railroad Operator. Norfolk Southern Railway Company v. Energy Development Corporation, ___F.Supp.2d___ 1:03-0307 (S.D. W.V. March 24, 2004). |
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Western District of Michigan |
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October 2009: District Court Holds that CERCLA Exceptions Do Not Apply to Waste Oil Containing Potentially Hazardous Metal Shavings ITT Corporation v. Borgwarner Inc., ___F.Supp.2d ___ 1:05cv674 (W.D. Mich. July 28, 2009) | |
February 2009: District Court Holds Jurisdictional Prerequisites for CWA Citizen Suit Include Notice Letter to Allege the Same Claims as Complaint Fitzgibbons v. Cook and Thorburn and Hancock County Drainage Districts, ___F.Supp.2d___ 1:08-CV-165 (W.D. Mich. Dec. 8, 2008) | |
March 2008: District Court Holds Action Based on Late Discovery of TCE Is Barred by Statute of Limitations Applicable to Remedial Action Based on Different TCE Source on Same Property Douglas Autotech Corporation v. Scott Fetzer Company, ___F.Supp.2d___ 1:07-cv-1062 (W.D. Mich. Jan. 23, 2008) | |
March 2008: District Court Holds Action Based on Late Discovery of TCE Is Barred by Statute of Limitations Applicable to Remedial Action Based on Different TCE Source on Same Property Douglas Autotech Corporation v. Scott Fetzer Company, ___F.Supp.2d___ 1:07-cv-1062 (W.D. Mich. Jan. 23, 2008) | |
February 2005: Recent Investigations, Settlements, Penalties and Sanctions. |
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Western District of New York |
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December 2009: District Court Revisits the Statute of Limitation for Claims—Applies California Law as to Claims by the Orange County Water District In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 1358, Case No. M21.88 (S.D. N.Y. Nov. 16, 2009) | |
August 2009: District Court Holds New York Environmental Conservation Law Does Not Provide a Private Right of Action Kalden Construction Company, Inc. v. Hanson Aggregates New York, Inc., ___F.Supp.2d___ 08-CV-6200 CJS, D.C. (W.D. N.Y. May 29, 2009) | |
February 2009: District Court Dismisses Citizen Suit under RCRA against Environmental Consultant Due to Lack of Privity of Contract Ridge Seneca Plaza, LLC v. BP Products North America, et al., ___F.Supp.2d___ 06-CV-6333 (W.D. N.Y. Dec. 16, 2008) | |
August 2008: District Court Allows Army Corps to Withdraw Prior Opinion of Isolated Wetlands in Favor of U.S. Asserting Clean Water Act Jurisdication Acquest Wehrle v. U.S., ___F.Supp.2d___ 06-CV-654C(SR)(W.D. NY June 20, 2008) | |
May 2007: District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction Patterson, et al. v. The Barden & Robenson Corporation, ___F.Supp.2d___ 04-CV-0803E (W.D. N.Y. February 16, 2007) | |
April 2007: District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction Patterson, et al. v. The Barden & Robenson Corporation, ___F.Supp.2d___ 04-CV-0803E (W.D. N.Y. Feb. 16, 2007) | |
June 2006: New York District Court Allows a Responsible Party to Maintain a CERCLA Section 107 Claim but Finds for Defendant on Divisibility Defense Seneca Meadows, Inc. v. ECI Liquidating, Inc., et al., ___F.Supp.2d___ 95-CV-6400L (W.D. N.Y. April 20, 2006) | |
July 2005: District Court in New York Finds that Settlement under State Hazardous Waste Laws Does Not Provide Right to Contribution under CERCLA W.R. Grace & Co. v. Zotos International Inc., ___F.Supp.2d___ 98-CV-383, (W.D. N.Y. May 3, 2005) | |
June 2005: District Court Grants Motions to Dismiss Third- Party Defendants under RCRA, where Complainants Had No Standing and Indemnity Agreements Precluded Claims FCA Associates v. Texaco, Inc. et al., ___F.Supp.2d___ 03-CV-0683T(W.D. N.Y March 31, 2005) | |
February 2005: District Court in New York Holds Citzen’s Group Cannot Sue United States to Prevent Mosquito Spraying. Altman v. United States, States, ___F.Supp.2d___. Case No. 98-CV-237E(F), (W.D.N.Y. Dec. 30, 2004). | |
November 2004: Landfill Operator Loses All Claims in Contribution Due to Lapsed Statute of Limitations under CERCLA Schaeffer v. Town of Victor, ___F.Supp.2d___ 99-CD-6010 (W.D. N.Y. Sept. 23, 2004) | |
September 2004: New York District CourtDeclines to Dismiss Landowner’s Action under § 107 of CERCLA because Owner Might Qualify for the “Third Party” or “Innocent Purchaser” Defense Emerson Enterprises, LLC v. Kenneth Crosby Acquisition Corp.,___F.Supp.2d___ 03-CV-6530 CJS (W.D. N.Y. June 23, 2004) | |
November 2002: District Court Upholds CERCLA's Rarely Successful "Useful Product" Defense State of New York v. Solvent Chemical Company Inc ___F.Supp.2d___, Case No. 83-CV-1401-C (W.D. N.Y. 2002) | |
July 2002: Bankruptcy Court Maneuvering Does Not Stop City's Attempts to Force Cleanup LTV Steel Company, Inc. v. The City of Buffalo Urban Renewal Agency ___F.Supp.2d___, Case No. 99-CV0624E(F) (W.D. N.Y. May 9, 2002) | |
April 2001: U.S. Announces Three Superfund Site Settlements in New York, Colorado, and Pennsylvania; $46 Million in Costs to be Paid United States v. Goodyear Tire & Rubber Co. No. 96-CV-07215 (W.D. N.Y., settlement filed on Jan) United States v. Berks Assocs. No. 91-4868 (E.D. Pa., settlement filed Jan. 19, 2001). |
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December 2009: 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 U.S. v. Washington State Department of Transportation, ___F.Supp.2d___ C08-5722RJB (W.D. WA. 2009) | |
August 2009: District Court Holds that Subsequent Property Purchaser Cannot Selectively Rely on Environmental Assessments Provided to the Previous Owner Iron Partners, LLC v. Dames & Moore v. Oregon Iron Works, ___F.Supp.2d___ C07-5643RBL (W.D. Wash. 2009) | |
August 2009: District Court Finds Forest Service’s Cleanup a ‘Removal’ Action under CERCLA Section 104 Making the Action Against the Service a ‘Challenge’ Barring Federal Court Jurisdiction under Section 113 Washington Environmental Council v. Baker-Snoqualmie National Forest, ___F.Supp.2d___ C06-1249-JCC, (W. D. Wash. June 2, 2009) | |
July 2009: Ocean Acidification Suit First Major Case to Bring Climate Claims under Clean Water Act | |
December 2008: District Court Holds CERCLA Third-Party Contribution Claim Allowed as Stemming from Action under Section 9607 Port of Tacoma v. Todd Shipyards Corporation, ___F.Supp.2d___ C08-5132BHS (W.D. Wash. Sept. 30, 2008) | |
January 2008: District Court Approves Historic Groundwater Settlement between Washington State and Lummi Indian Nation U.S. and Lummi Indian Nation v. Washington Department of Ecology, ___F.Supp.2d___ C01-0047Z (W.D. Wash. Nov. 20, 2007) | |
December 2006: News from the West—Protecting Salmon Salmon Spawning & Recovery Alliance v. Gutierrez, ___F.Supp.2d___ C05-1877RSM (W.D. Wash. Sept. 12, 2006) | |
October 2006: Federal Court Rejects Bush Administration Streamlined Pesticide Approval Washington Toxics Coalition et al. v. U.S. Department of the Interior et al., ___F.Supp.2d ___ C04-1998C (W.D. Wash. Aug. 24, 2006) | |
March 2004: District Court Restricts the Use of Pesticides near Western Salmon Streams Washington Toxics Coalition, et al. v. U.S. Environmental Protection Agency, et al. ___F.Supp.2d___, Case No. C01-0132C (W.D. Wash. Jan. 22, 2004) |
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