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Abstention Doctrine
July 2010: District Court Concludes It May Abstain from Enforcing Federal Environmental Laws—Dismisses Suit under RCRA and the CWA Raritan Baykeeper, Inc. v. NL Industries, Inc., ___F. Supp.2d___ 09-4117 (D. N.J. May 28, 2010)
August 2007: District Court Rejects Abstention in Determining Citizen Claims under RCRA where State Underground Storage Tank Law Offered Alternative Relief K-7 Enterprises v. Jester, et. al., ___F.Supp.2d___ 4:06-CV-57 (E.D. Tx. June 20, 2007)
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).
Adjacent Property
October 2007: Fifth Circuit Holds Owner of Part of Facility Has Standing to Sue under RCRA to Clean Up Entire Facility Consolidated Companies, Inc. v. Union Pacific Railroad Co., ___F.3d___ 06-30570 (5th Cir. Aug. 28, 2007)
Administration
January 2004: District Court Affirms Administrative Judge’s Refusal to Consider PRP’s Evidence and Grants EPA Pre-Judgment Interest and Potentially Court Costs Titan Wheel Corporation of Iowa v. U.S. Environmental Protection Agency ___F.Supp.2d___, Case No. 4:02- CV-40352 (C.D. Iowa Nov. 10, 2003).
July 2001: Criminal Liability Is Increasing for Environmental Managers
Administrative Orders
June 2010: District Court Determines State Order Regarding PCE/TCE Cleanup Does Not Bar Citizen Suit under RCRA Regarding Same Contamination Natural Resources Defense Council, Inc. v. County of Dickson, Tennessee, ___F.Supp.2d___ No.3:08-0229 (M.D. Tenn. April 1, 2010)
Asbestos
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)
Attorneys Fees
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)
December 2005: Third Circuit Allows Award of Attorneys’ Fees in RCRA Citizen-Suit Case Based upon Market Rates where Counsel Is Located, Not in Venue where Case Is Litigated Interfaith Community Organization v. Heller-Jersey City, L.L.C., ___F.3d ___ 04-3702 (3rd Cir. Oct. 19, 2005)
December 2005: Tenth Circuit Provides Guidance on How to Determine a ‘Prevailing Party’ in Fee-Shifting Cases Browder v. City of Moab, ___F3d___ 04-4198 and 04-4206 (10th Cir. Oct. 14, 2005)
June 2003: Ninth Circuit Upholds Denial of Attorney's Fees Award in RCRA Case, Finding that Catalyst Theory of Recovery Inufficient in Face of Supreme Court Decision Kasza v. Whitman/Frost v. Rumsfeld ___F.3d___, Case Nos. 00-16378, 00-16379 (9th Cir. April 14, 2003).
May 2003: When Is an Attorney's Fee Award "Appropriate"? The Double Standard in Awarding Attorney's Fees in Environmental Citizen Suits
Bankruptcy
November 2009: Seventh Circuit Holds a RCRA Injunction Is Not Dischargeable in Bankruptcy U.S. v. Apex Oil, ___F.3d___ Case No. 08-3433 (7th Cir. 2009)
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)
Causation
June 2010: District Court Finds Former Property Owner Not Liable for Contamination under RCRA or CWA Based on the Mere Presence of Pollutants Mervis Industries, Inc. v. PPG Industries, Inc, ___F. Supp.2d___ 1:09-cv-0633-SEB-JMS (S.D. Ind. 2010)
Chlorinated Aliphatics Rule
August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002).
Chlorinated Solvents
April 2010: District Court Clarifies Grounds for Preliminary Injunctions under RCRA REV 973 LLC v. Mouren-Laurens, ___F.Supp.2d___ 98-10690, (C.D. Cal. 2010)
Citizen Suits
June 2010: District Court Determines State Order Regarding PCE/TCE Cleanup Does Not Bar Citizen Suit under RCRA Regarding Same Contamination Natural Resources Defense Council, Inc. v. County of Dickson, Tennessee, ___F.Supp.2d___ No.3:08-0229 (M.D. Tenn. April 1, 2010)
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)
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)
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)
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)
August 2007: District Court Rejects Abstention in Determining Citizen Claims under RCRA where State Underground Storage Tank Law Offered Alternative Relief K-7 Enterprises v. Jester, et. al., ___F.Supp.2d___ 4:06-CV-57 (E.D. Tx. June 20, 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)
February 2007: First Circuit Finds Reasonable Prospect of Future Harm Raises Citizen Suit Standing under RCRA Maine People’s Alliance and Natural Resources Defense Council v. Mallinckrodt, ___F.3d___ 05-2331 (1st Cir. Dec. 22, 2006)
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)
April 2005: Third Circuit Affirms Massive Excavation and Cleanup Order of Hackensack River Site under RCRA Interfaith Community Organization, et al. v. Honeywell Int’l, Inc., et al., ___F.3d___ 03-2760, 03-3037, 03-3585 (3rd Cir. Feb. 18, 2005)
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).
June 2003: Ninth Circuit Upholds Denial of Attorney's Fees Award in RCRA Case, Finding that Catalyst Theory of Recovery Inufficient in Face of Supreme Court Decision Kasza v. Whitman/Frost v. Rumsfeld ___F.3d___, Case Nos. 00-16378, 00-16379 (9th Cir. April 14, 2003).
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).
Civil Enforecment Actions
August 2010: Recent Investigations, Settlements, Penalties and Sanctions
July 2010: Recent Investigations, Settlements, Penalties and Sanctions
July 2010: Recent Investigations, Settlements, Penalties and Sanctions
June 2010: Recent Investigations, Settlements, Penalties and Sanctions
June 2010: Recent Investigations, Settlements, Penalties and Sanctions
April 2010: Recent Investigations, Settlements, Penalties and Sanctions
April 2010: Recent Investigations, Settlements, Penalties and Sanctions
March 2010: Recent Investigations, Settlements, Penalties and Sanctions
March 2010: Recent Investigations, Settlements, Penalties and Sanctions
February 2010: Recent Investigations, Settlements, Penalties and Sanctions
February 2010: Recent Investigations, Settlements, Penalties and Sanctions
January 2010: Recent Investigations, Settlements, Penalties and Sanctions
January 2010: Recent Investigations, Settlements, Penalties and Sanctions
November 2009: Recent Investigations, Settlements, Penalites and Sanctions
July 2009: Recent Investigations, Settlements, Penalties and Sanctions
July 2009: Recent Investigations, Settlements, Penalties and Sanctions
June 2009: Recent Investigations, Settlements, Penalties and Sanctions
March 2009: Recent Investigations, Settlements, Penalties and Sanctions
March 2009: Recent Investigations, Settlements, Penalties and Sanctions
February 2009: Recent Investigations, Settlements, Penalties and Sanctions
February 2009: Recent Investigations, Settlements, Penalties and Sanctions
January 2009: Recent Investigations, Settlements, Penalties and Sanctions
January 2009: Recent Investigations, Settlements, Penalties and Sanctions
January 2009: Recent Investigations, Settlements, Penalties and Sanctions
October 2008: Recent Investigations, Settlements, Penalties and Sanctions
August 2008: Recent Investigations, Settlements, Penalties and Sanctions
June 2008: Recent Investigations, Settlements, Penalties and Sanctions
February 2008: Recent Investigations, Settlements, Penalties & Sanctions
January 2008: Recent Investigations, Settlements, Penalties and Sanctions
November 2007: Recent Investigations, Settlements, Penalties and Sanctions
October 2007: Recent Investigations, Settlements, Penalties and Sanctions
June 2007: Recent Investigations, Settlements, Penalties and Sanctions
May 2007: Recent Investigations, Settlements, Penalties & Sanctions
February 2007: Recent Investigations, Settlements, Penalties and Sanctions
December 2006: Recent Investigations, Settlements, Penalties and Sanctions
November 2006: Recent Investigations, Settlements, Penalties and Sanctions
August 2006: Recent Investigations, Settlements, Penalties and Sanctions
May 2006: Recent Investigations, Settlements, Penalties and Sanctions
February 2006: Recent Investigations, Settlements, Penalties and Sanctions
November 2005: Recent Investigations,Settlements, Penalties and Sanction
Civil Liability
August 2006: Litigant’s Failure to Explicitly Raise an Issue Before the District Court Is Foreclosed from Raising the Issue for the First Time on Appeal Esso Standard Oil Company v. Carlos E. Rodriguez-Perez, ___F.3d___ 05-1722 (1st Cir. June 14, 2006)
April 2005: Recent Investigations, Settlements, Penalties and Sanctions
February 2005: Recent Investigations, Settlements, Penalties and Sanctions.
August 2004: Recent Investigations, Settlements, Penalties and Sanctions
July 2004: Recent Investigations, Settlements, Penalties and Sanctions.
January 2004: District Court Affirms Administrative Judge’s Refusal to Consider PRP’s Evidence and Grants EPA Pre-Judgment Interest and Potentially Court Costs Titan Wheel Corporation of Iowa v. U.S. Environmental Protection Agency ___F.Supp.2d___, Case No. 4:02- CV-40352 (C.D. Iowa Nov. 10, 2003).
1 December 2003: Recent Investigations, Settlements, Penalties and Sanctions
October 2003: Recent Investigations, Settlements, Penalties and Sanctions
Coal Ash
August 2010: EPA Publishes Coal Ash Regulations
Contractual Indemnity
July 2010: Faced with ‘Contradictory’ Allegations, District Court Dismisses ExxonMobil’s Contractual Indemnity Claims against Petroleum Sales and Distribution Facility ExxonMobil Oil Corp. v. Nicoletti Oil, Inc., ___F.Supp.2d___ 109-cv-01498 (E.D. Cal. May 18, 2010)
Contribution
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)
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).
Cost Recovery Actions
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)
Criminal Enforcement Actions
July 2010: Recent Investigations, Settlements, Penalties and Sanctions
June 2010: District Court Excludes Evidence of Prior Criminal RCRA Conviction from Current Criminal Environmental Trial U.S. v. Hoffman, ___F.Supp.2d___ 5:09-cr-00216 (S.D. W.Va. April 5, 2010)
Criminal Liability
December 2008: Recent Investigations, Settlements, Penalties and Sanctions
January 2006: Recent Investigations, Settlements, Penalties And Sanctions
May 2005: Recent Investigations, Settlements, Penalties and Sanctions
March 2004: Recent Investigations, Settlements, Penalties and Sanctions
January 2004: Recent Investigations, Settlements, Penalties and Sanctions
October 2003: Recent Investigations, Settlements, Penalties and Sanctions
May 2003: Recent Investigations, Settlements, Penalties and Sanctions
January 2002: Ninth Circuit Holds that Federal Government Retains RCRA Criminal Enforcement Authority in States with Delegated Programs United States v. Elias ___F.3d___, Case No. 00-30145 (9th Cir. Oct. 23, 2001)
Criminal Penalties
March 2002: Fifth Circuit Upholds Criminal Convictions for Construction Contractors' RCRA Violations United States v. Sims Brother Construction, Inc.
Definitions
October 2007: Fifth Circuit Holds Owner of Part of Facility Has Standing to Sue under RCRA to Clean Up Entire Facility Consolidated Companies, Inc. v. Union Pacific Railroad Co., ___F.3d___ 06-30570 (5th Cir. Aug. 28, 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)
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)
January 2004: Ninth Circuit Holds Environmental Consultant’s Documents Protected From Disclosure to Grand Jury Investigation under the Work Product Doctrine United States v. Torf ___ F.3d ____, Case Nos. 03- 30102, 03-30104, 03-30105, 03-30106, 03-30107 (9th Cir. Nov. 26, 2003).
November 2003: Second Circuit Holds Cleanup Of New York City Post Office Anthrax Not An Emergency Removal Under Cercla APWU v. Potter ___F.3d___, Case No. 02-56186 (2nd Cir. Sept. 15, 2003).
October 2003: D.C. Circuit Court of Appeals Rejects Challenge to Allegedly Overbroad Definition of Hazardous Waste American Chemistry Council v. Environmental Protection Agency ___F.3d___, Case No. 01-1216 (D.C. Cir. Aug. 8, 2003).
Discharge Permits
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)
Discovery
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)
EDC
August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002).
Enforcement Actions
November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002)
Equipment Manufacturer Liability
July 2010: Emphasizing Dry Cleaning Manufacturer’s Lack of Affirmative Conduct, District Court Dismisses Claims under CERCLA, RCRA, HSAA, and Common Law Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___ CV F 07-0703 (E.D. Cal. April 22, 2010)
Expert Liability
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)
Federal Facilities Provision
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)
Federal Preemption
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)
Fixtures
December 2008: Seventh Circuit Holds Sale of Property with Asbestos-Containing Fixtures Does Not Trigger CERCLA or RCRA Liability Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.3d___ 08-1118 (7th Cir. Oct. 20, 2008)
General
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)
June 2003: D.C. Circuit Upholds EPA Rulemaking Under Project XL, Finding the Challenge Unripe Atlantic States Legal Foundation v. Environmental Protection Agency ___F.3d___, Case Nos. 99-1409 and 99-1414 (D.C. Cir. April 11, 2003).
July 2002: The "Sludge" Boat? - The Efficacy of the Current Statutory and Enforcement Schemes to Regulate the Discharge of Waste Materials by the Cruise Ship Industry
June 2002: Is the Door Slammed Shut?: A Recent California Decision Shows How Res Judicata and Collateral Estoppel Principles May Apply to the Discovery of New Contamination
June 2002: Tanker Companies Must Reimburse State for Cost of Providing Alternate Water to Residents Due to Leaking USTs North Carolina v. Acme Petroleum ___F.3d___, Case No. 01-1665 (4th Cir. March 19, 2002).
February 2001: Arizona Court Finds Feces Not a "contaminant" or "irritant" for Purposes of the Absolute Pollution Exclusion Clause Keggi v. Northbrook Property and Casualty Insurance Company ___Az.App.___, 13 P.3d 785;2000 LEXIS 173 (Ariz. Dec. 5, 2000)
January 2001: Court Declines to Vacate Opinion Regarding EPA Final Administrative Order when EPA Vacates Order before Appeal Is Heard Amoco Oil Company v. United States Environmental Protection Agency ___F.3d___,No.99-1534 (10th Cir. Oct. 31, 2000)
Hazardous Waste
June 2009: District Court Rejects Chemical Manufacturer’s Attempt to Rely on State Regulation in Order to Avoid Obtaining a RCRA Permit U.S. v Rineco Chemical Industries, Inc., ___F. Supp.2d___ 4:07 cv001189 (E.D. Ar March 4, 2009)
June 2006: Dallas, Texas Capitulates to EPA, Will Invest $3.5 Million in Bolstering Its Inadequate Stormwater System, and Pay $800,000 Fine
August 2005: Recent Investigations, Settlements, Penalties and Sanctions
August 2004: Fourth Circuit Affirms Dismissal of Direct CERCLA Action Against Insurers Providing Financial Assurances Required by RCRA South Carolina Department of Health and Environmental Control v. Commerce and Industry Insurance Co.___ F.3d ___ 03-1329 (4th Cir. June 8, 2004)
Hazardous Waste Fuel Blending
June 2009: District Court Rejects Chemical Manufacturer’s Attempt to Rely on State Regulation in Order to Avoid Obtaining a RCRA Permit U.S. v Rineco Chemical Industries, Inc., ___F. Supp.2d___ 4:07 cv001189 (E.D. Ar March 4, 2009)
Imminent and Substantial Endangerment Provision
April 2010: Tenth Circuit Clarifies ‘Imminent and Substantial Endangerment’ Analysis under RCRA Crandall v. Denver, ___F.3d___ 08-1197 (10th Cir. Feb. 8, 2010)
March 2010: District Court Rules ‘Imminent and Substantial Endangerment’ under RCRA Must Be Measured ‘At The Time Of Suit' American International Specialty Lines Ins. Co. v. 7-Eleven, Inc., ___F.Supp.2d___ 3:08-cv-807-M (N.D. Tex. Jan. 19, 2010)
February 2007: First Circuit Finds Reasonable Prospect of Future Harm Raises Citizen Suit Standing under RCRA Maine People’s Alliance and Natural Resources Defense Council v. Mallinckrodt, ___F.3d___ 05-2331 (1st Cir. Dec. 22, 2006)
Injunctive Relief
May 2010: District Court Grants Injunction under RCRA in Kentucky Petroleum Solid Waste Case Kentucky Oil and Refining Company v. W.E.L., Inc., ___F.Supp.2d___ 7:09-148 (E.D. KY March 8, 2010)
April 2010: District Court Clarifies Grounds for Preliminary Injunctions under RCRA REV 973 LLC v. Mouren-Laurens, ___F.Supp.2d___ 98-10690, (C.D. Cal. 2010)
November 2009: Seventh Circuit Holds a RCRA Injunction Is Not Dischargeable in Bankruptcy U.S. v. Apex Oil, ___F.3d___ Case No. 08-3433 (7th Cir. 2009)
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).
August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002).
July 2001: Second Circuit Court of Appeals Interprets RCRA in Denying Request to Enjoin Pesticide Spraying Program Intended to Control West Nile Virus No Spray Coalition v. The City of New York ___F.3d___,Case No.00-9368,(2nd. Cir., June 5, 2001)
Insurer Liability
August 2004: Fourth Circuit Affirms Dismissal of Direct CERCLA Action Against Insurers Providing Financial Assurances Required by RCRA South Carolina Department of Health and Environmental Control v. Commerce and Industry Insurance Co.___ F.3d ___ 03-1329 (4th Cir. June 8, 2004)
Intended Use Exception
October 2009: Second Circuit Affirms District Court Decision Dismissing RCRA and Clean Water Act Claims against Shooting Range and Alleged Lead Contamination Simsbury-Avon Preservation Society, LLC v. Metacon Gun Club, Inc.,___F.3d___ 07-0795-cv, (2nd Cir. July 31, 2009)
Jurisdiction
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)
July 2008: Eleventh Circuit Holds RCRA Jurisdictional Bar Applies to Remedial Actions on Non-NPL-Listed Federal Facilities OSI, Inc. v. U.S., ___F.3d___ 07-10941 (11th Cir. May 5, 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)
Jury Instructions
October 2004: Instructions to Jury to Consider a Company’s Business Policies in Mitigation of Damages to Determine “Reasonableness” of Conduct Is Proper Lowe’s Home Centers, Inc. v. General Electric Company, ___F.3d___ 03-10480 (11th Cir. Aug. 19, 2004)
Lead
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)
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)
Military Pollution
August 2008: Department of Defense Refuses to Sign Three EPA RCRA Final Orders for Superfund Sites or Sign Interagency Agreements for Eight Other Superfund Sites
May 2003: Legislation Introduced in Congress to Limit Environmental Obligations of the Department of Defense
Mining
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)
Mitigation of Damages
October 2004: Instructions to Jury to Consider a Company’s Business Policies in Mitigation of Damages to Determine “Reasonableness” of Conduct Is Proper Lowe’s Home Centers, Inc. v. General Electric Company, ___F.3d___ 03-10480 (11th Cir. Aug. 19, 2004)
MTBE
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).
Notice
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 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).
Owner Liability
June 2010: District Court Finds Former Property Owner Not Liable for Contamination under RCRA or CWA Based on the Mere Presence of Pollutants Mervis Industries, Inc. v. PPG Industries, Inc, ___F. Supp.2d___ 1:09-cv-0633-SEB-JMS (S.D. Ind. 2010)
PCE
July 2010: Emphasizing Dry Cleaning Manufacturer’s Lack of Affirmative Conduct, District Court Dismisses Claims under CERCLA, RCRA, HSAA, and Common Law Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___ CV F 07-0703 (E.D. Cal. April 22, 2010)
February 2003: Perchloroethylene and the Dry Cleaning Industry
Permit by Rule Exception
January 2007: Eleventh Circuit Addresses the Permit-by-Rule Exception to RCRA Quebell Parker v. Scrap Metal Processors, Inc.,___F.3d___ 05-16904 (11th Cir. Oct. 24, 2006)
Petroleum Hydrocarbons
May 2010: District Court Grants Injunction under RCRA in Kentucky Petroleum Solid Waste Case Kentucky Oil and Refining Company v. W.E.L., Inc., ___F.Supp.2d___ 7:09-148 (E.D. KY March 8, 2010)
April 2010: District Court Clarifies Grounds for Preliminary Injunctions under RCRA REV 973 LLC v. Mouren-Laurens, ___F.Supp.2d___ 98-10690, (C.D. Cal. 2010)
Phosphorous
September 2005: Ninth Circuit Affirms Summary Judgment for Defendants in Case Alleging Over-Abundance of Phosphorous in Lake Steilacoom Lake Improvement Club Inc. v. State of Washington, ___F.3d.___ 03-35888 (9th Cir. July 6, 2005)
Pleading
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)
Poultry Litter
April 2010: District Court Finds that Poultry Litter Is Not a ‘Solid Waste’ under the Resource, Conservation and Recovery Act State of Oklahoma, v. Tyson Foods, Inc., et al., ___F. Supp.2d___ 05-CV-329-GFK (N.D. Ok, Feb. 17, 2010)
July 2009: Tenth Circuit Affirms District Court’s Determination of Insufficient Link between ‘Poultry Litter’ and Alleged Contamination of Illinois River Watershed State of Oklahoma v. Tyson Foods, Inc., ___ F.3d ___ 08-5154 (10th Cir. May 13, 2009)
Pre-Enactment Liability
July 2010: District Court Dismisses RCRA Claim Related to Pre-Enactement Activities Sullins, et al. v. ExxonMobil Corp., ___F.Supp.2d___ 08-04927-Cw (N.D. Cal. May 17, 2010)
Prevailing Party
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)
Proximate Cause
July 2009: Tenth Circuit Affirms District Court’s Determination of Insufficient Link between ‘Poultry Litter’ and Alleged Contamination of Illinois River Watershed State of Oklahoma v. Tyson Foods, Inc., ___ F.3d ___ 08-5154 (10th Cir. May 13, 2009)
Radioactive Waste
May 2009: Ninth Circuit Affirms Washington State’s Authority over Mixed Hazardous and Radioactive Waste Buried at the Hanford Nuclear Reservation State of Washington v. Chu, ___F.3d___ 06-35227 (9th Cir. March 10, 2009)
Reasonable Prospect of Future Harm
February 2007: First Circuit Finds Reasonable Prospect of Future Harm Raises Citizen Suit Standing under RCRA Maine People’s Alliance and Natural Resources Defense Council v. Mallinckrodt, ___F.3d___ 05-2331 (1st Cir. Dec. 22, 2006)
Record Keeping Duty
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)
Recyling Process Exemption
June 2009: District Court Rejects Chemical Manufacturer’s Attempt to Rely on State Regulation in Order to Avoid Obtaining a RCRA Permit U.S. v Rineco Chemical Industries, Inc., ___F. Supp.2d___ 4:07 cv001189 (E.D. Ar March 4, 2009)
Remediation Plan
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)
Report Filing Duty
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)
Res Judicata
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)
Section 9604 Jurisidictional Bar
July 2008: Eleventh Circuit Holds RCRA Jurisdictional Bar Applies to Remedial Actions on Non-NPL-Listed Federal Facilities OSI, Inc. v. U.S., ___F.3d___ 07-10941 (11th Cir. May 5, 2008)
Shooting Ranges and Ammunition
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)
Solvents
May 2004: D.C. Circuit Rejects Petition to Review Environmental Protection Agency Letters as Final Agency Action General Motors Corp. v. U.S. EPA ___F.3d___, Case No. 02-1242 (D.C. Cir. April 2, 2004).

Sovereign Immunity
July 2008: Eleventh Circuit Holds RCRA Does Not Permit Tort-Related Damages—Applies Discretionary Function Exemption of FTCA to Bar Common-Law Negligence Porter v. U.S., ___F.3d___ 07-14801 (11th Cir. May 8, 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)
Standing
November 2009: Seventh Circuit Affirms Dismissal of Gun Range/Lead Pollution Suit under the Clean Water Act, RCRA and CERCLA for Lack of Standing Pollack v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. 2009)
October 2009: Seventh Circuit Denies Standing for Lake Michigan Pollution Blue Eco Legal Council, et al. v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. Aug. 13, 2009)
October 2007: Fifth Circuit Holds Owner of Part of Facility Has Standing to Sue under RCRA to Clean Up Entire Facility Consolidated Companies, Inc. v. Union Pacific Railroad Co., ___F.3d___ 06-30570 (5th Cir. Aug. 28, 2007)
February 2007: First Circuit Finds Reasonable Prospect of Future Harm Raises Citizen Suit Standing under RCRA Maine People’s Alliance and Natural Resources Defense Council v. Mallinckrodt, ___F.3d___ 05-2331 (1st Cir. Dec. 22, 2006)
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)
June 2006: Second Circuit Finds Union Has Standing but Failed to Properly Plead Clean Water Act Claim Building and Construction Trades Council of Buffalo, New York and Vicinity v. Downtown Development, Inc., ___F.3d___ 04-4865-CV (2nd Cir. May 6, 2006)
January 2006: Declarations Regarding Possible Fair Market Value Loss of Member’s Home Is Insufficient to Establish ‘Standing’ to Sue EPA under Alleged RCRA Violation GrassRoots Recycling Network, Inc. v. U.S. Environmental Protection Agency, ___F.3d___ 04-1196 (D.C. Cir. Nov. 18, 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)
March 2004: Ninth Circuit May Have Found Global Standing for Ozone Citizen Suits Covington v. Jefferson County, State of Idaho, District 7 Health Department ___F.3d___, Case No. 02-36000 (9th Cir. Feb. 5, 2004).
Statute of Limitations
September 2005: Penalty Appeals Before the Environmental Protection Agency—Environmental Appeals Board In re: Norman C. Mayes, Docket No RCRA-UST-04-2002-001 (2005)
Successor Liability
September 2005: Fifth Circuit Looks to Parties’ Agreement to Deny a Company’s Claims against Its Subsidiary for Attorney’s Fees Generated in CERCLA/RCRA Actions Honeywell International, Inc. v. Phillips Petroleum Co., ___F.3d___ 04-20589 (5th Cir. June 30, 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)
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).
TCE
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)
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).
Underground Storage Tanks
July 2010: District Court Dismisses RCRA Claim Related to Pre-Enactement Activities Sullins, et al. v. ExxonMobil Corp., ___F.Supp.2d___ 08-04927-Cw (N.D. Cal. May 17, 2010)
September 2005: Penalty Appeals Before the Environmental Protection Agency—Environmental Appeals Board In re: Norman C. Mayes, Docket No RCRA-UST-04-2002-001 (2005)
Useful Product Defense
February 2005: Washington State Court Finds 2000 Gallons of Gasoline into a Monitoring Well Is Not a Useful Product. Modern Sewer Corp. v. Nelson Dist., Inc., Case No.

53085-2-I, 2005 WL 12024 (Wash. App. Jan. 3, 2005).

VCM
August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002).
Volatile Organic Compounds VOCs
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)
Wholly Past Doctrine
May 2003: Court of Appeals: Tenth Circuit Applies the "Wholly Past" Doctrine to the Resource Conservation and Recovery Act Chemical Weapons Working Group, Inc., et al. v. Sierra Club, et al. ___F.3d___, Case No. 00-4110 (10th Cir. March 18, 2003).
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