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August 2010: Pennsylvania Promulgates Tighter Total Dissolved Solids Standards to Address Impacts of Marcellus Shale Wastewater
February 2010: Eleven Northeast and Mid-Atlantic States to Develop a Low Carbon Fuel Standard
August 2009: Third Circuit Finds Additional Damages for Successful Litigant in CERCLA Action Would Result in a Windfall F.P. Woll & Company v. Fifth and Mitchell Street Corporation, ___F.3d___ 07-1622 (3rd Cir. 2009)
December 2008: Michigan and Pennsylvania Mandate Improved Energy Efficiency through New Legislation, New Jersey Updates its Energy Master Plan
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)
January 2006: Pennsylvania Department of Environmental Protection to Finalize Guidance Document Identifying Critical Water Planning Areas
October 2005: Third Circuit Applies Uniform National Rule for Determining Successor Liability under CERCLA United States v. General Battery Corporation, ___F.3d ___ 03-3515 (3rd Cir. Sept. 6, 2005)
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)
July 2005: Recent Investigations, Settlements, Penalties and Sanctions
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).
June 2004: Third Circuit Allows Alleged Polluter to Plead Laboratory Error Defense under Clean Water Act. United States v. Allegheny Ludlum Corporation, ___F.3d___  02-4346 (3rd Cir. April 28, 2004).
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).
March 2003: Pennsylvania Superior Court Finds Carbon Monoxide Is a Pollutant for Pollution Exclusion Purposes Matcon Diamond Inc. v. Penn National Insurance Co Case No. 186 WDA 2002 (Super. Ct. Penn. Jan. 17, 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).
November 2002: Third Circuit Upholds EPA's Pretreatment Program Requirements for North Borough Publicly Owned Treatment Works Welch Foods, Inc. v. Borough of North East ___F.3d___, Case No. 01-3456 (3rd Cir. Sept. 13, 2002)
September 2002: Pennsylvania Superior Court Finds that Gasoline Is a Pollutant, Barring Recovery by Service Stations un-der Its Insurance Policy 314 Wagner, et al. v. Erie Insurance Company, Case No. 1158 (Super.Court of Penn., Appellate Division, May 22,2002).
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).
Bedford
June 2009: Pennsylvania DEP’s Chesapeake Bay Tributary Strategy Rejected by the Commonwealth Court of Pennsylvania Borough of Bedford v. Pennsylvania Department of Environmental Protection 160 M.D. 2008 (Penn. Com.Ct. April 14, 2009)
Boarhead Farms Superfund Site
May 2010: Third Circuit Vacates CERCLA Cost Recovery Judgment Finding in Part that a Previous Settlement Limited Suit to a Contribution Action Agere Systems, Inc. v. Advanced Environmental Technology, ___F.3d___ 02-cv-3030 (3rd Cir. April 12, 2010)
Bucks County
May 2010: Third Circuit Vacates CERCLA Cost Recovery Judgment Finding in Part that a Previous Settlement Limited Suit to a Contribution Action Agere Systems, Inc. v. Advanced Environmental Technology, ___F.3d___ 02-cv-3030 (3rd Cir. April 12, 2010)
Butler Mine Tunnel
November 2003: District Court Holds that Contribution Protection under CERCLA May Extend beyond Immediate Case Alcan Aluminum Corporation v. Butler Aviation- Boston, Inc. ___F.Supp.2d___, Case No. 3: CV-02- 0562 (M.D. Penn. Sept. 19, 2003).
Chesapeake Bay
July 2009: Pennsylvania Court Allows Chesapeake Bay Challenge to Proceed
January 2008: Groups Critical of Chesapeake Bay Progress
May 2007: Trends Point to Greater Cooperation, Increased Environmental Efforts for Chesapeake Bay
January 2006: Barriers to Bay Cleanup: The Role of Agriculture in Restoring the Chesapeake Bay
January 2006: U.S. EPA, U.S. Department of Agriculture Inspectors General Voice Skepticism over Chesapeake Bay Cleanup
February 2006: Federal Farm Bill Recommendations Seek to Address Chesapeake Bay Pollution
January 2006: Government Accountability Office Issues Report Critical of Chesapeake Bay Program
Chest Township
December 2005: Pennsylvania Supreme Court Upholds Harms/Benefits Test Requirement for Landfill Permitting Eagle Environmental II LP v. Pennsylvania Department of Environmental Protection, ___ A.2d ___ J89 A and B (Penn. Oct. 27, 2005)
Chester County
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).
August 2002: Pennsylvania Supreme Court Allows Criminal Conviction of Corporate Employee for Improper Disposal of Waste Commonwealth of Pennsylvania v. David R. Packer Case No.2 MAP 2001 (Penn.May 31,2002).
Clearfield County
April 2010: District Court Determines that Cost Recovery under CERCLA Section 107(A) Applies to Decommissioning and Remediation of Strontium-90 Contamination Commonwealth of Pennsylvania v. Lockheed Martin Corporation, __ F. Supp.2d___ 1:09-CV-0821 (M.D. Pa. Feb. 1, 2010)
County of Schuylkill
November 2007: District Court Finds Municipalities’ Denial of Water Bottling Permit Did Not Offend Constitution—Actions Did Not ‘Shock the Conscience’ Frompovicz v. County of Schuylkill, et al, ___ F.Supp.2d___ 3:03-CV-1039 (M.D. Pa Sept. 27, 2007)
Delaware River
August 2010: American Rivers Releases 2010 Endangered Rivers Report
June 2010: District Court Rejects Transfer of Delaware River Dredging Challenge New Jersey Department of Environmental Protection v. U.S. Army Corps of Engineers 09-5591, ruling (D. N.J. April 26, 2010)
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.)
Deleware County
February 2009: Third Circuit Denies Citizens Group Private Right of Action and Constitutional Standing to Assert Clean Water Act Claim Delaware County Safe Drinking Water Coalition, Inc. v. Hanger, ___F.3d___ 07-4757 (3rd Cir. Dec. 29, 2008)
Greensburg
February 2009: District Court Adopts Equitable Tolling for Statute of Limitations—Clarifies Prevention of Significant Deterioration Test in Clean Air Act Claims Pennsylvania Department of Environmental Protection v. Allegheny Energy, Inc., ___F.Supp.2d___ 02:05cv885 (W.D. Pa. Nov. 18, 2008)
Harrisburg
December 2009: District Court Finds Pennsylvania Town Not Liable for Flooding Caused by Permit to Fill in Wetlands Granted to Private Party Angino v. Grubic, ___F.Supp.2d___ 1:08-CV-0147 (M.D. Penn. Nov. 12, 2009)
Hickory
January 2006: Need for Drinking Water Does Not Require Public Utilities Commission to Provide Water Line Extension Popowsky v. Pennsylvania Public Utilities Commission 910A.2D 38 (PA. Nov. 21, 2006)
Lower Salford Township
February 2006: Pennsylvania Judge Questions EPA’s Authority to Issue TMDLs Lower Salford Township Authority v. Commonwealth of PA Department of Environmental Protection 2005-100-K (Penn. EHB Oct. 25, 2005)
Malvern
October 2008: Third Circuit Affirms Order Finding CERCLA Defendant Liable for Monetary Judgment Based on Future Cleanup Costs Action Manufacturing Co., Inc. v. Simon Wrecking Company, Inc., ___F.3d_ __ 06-3679 (3rd Cir. July 28, 2008)
Montgomery County
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)
Mount Pleasant Township
January 2006: Need for Drinking Water Does Not Require Public Utilities Commission to Provide Water Line Extension Popowsky v. Pennsylvania Public Utilities Commission 910A.2D 38 (PA. Nov. 21, 2006)
Northhampton County
April 2006: Northeastern States Actively Pursue Claims for Damage to Water Resources
Philadelphia
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)
August 2007: U.S. Potentially Time Barred from Recovering $22 Million against Discharger Impacting Soil and Water under Pennsylvania Statutes U.S. v. Sonoco, Atlantic Ridgefield Company, ___F.Supp.2d___ CIV. A. 05-6336-ABB (D. Penn. July 12, 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)
July 2002: Third Circuit Vacates Clean Air Act Prison Sentence but Holds Majority of Sentence Enhancements Warranted. United States v. Chau, Case No. 00-2720 ___F.3d___, (3rd Cir. June 4, 2002)
Pottstown
April 2006: aaa aaa aaa
Scranton
November 2009: U.S. Environmental Protection Agency Sues Pennsylvania Municipal Sewer Authority over Combined Sewer Overflows
Solebury Township
October 2007: Pennsylvania Supreme Court finds Attorney Fees Shifting Permissible in Favor of Non-Prevailing Party in Action Challenging Clean Water Act Permit Solebury Township v. Pennsylvania Department of Environmental Protection 928 A.2D 990 (PA. Aug. 20, 2007)
February 2005: Commonwealth Court of Pennsylvania Awards Attorney’s Fees under the Pennsylvania Clean Streams Law. Solebury Township v. Penn. Department of Environmental Protection, Case Nos. 824 C.D. 2004, 881 C.D. 2004 (Penn. Comm. Ct. Dec. 8, 2004).
Susquehanna Township
December 2009: District Court Finds Pennsylvania Town Not Liable for Flooding Caused by Permit to Fill in Wetlands Granted to Private Party Angino v. Grubic, ___F.Supp.2d___ 1:08-CV-0147 (M.D. Penn. Nov. 12, 2009)
Upper Gwynedd Township
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)
Upper Providence Township
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)
Whitemarsh Township
March 2003: Third Circuit Establishes "Shocks the Conscience" Test for Land Use Based Substantive Due Process Claims United Artists Theatre Circuit, Inc. v. The Township of Warrington, PA, et al. ___F.3d___, Case No. 01-3533 (3rd Cir. Jan. 14, 2003)
August 2002: Third Circuit Broadly Interprets the Term "Release" in Pennsylvania Hazardous Sites Cleanup Act Joshua Hill, Inc. v. Whitemarsh Township Authority ___F.3d___, Case No.003677 (3rd.Cir.June 24,2002).
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