April 2013
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Indiana Federal Court Rules That Citizen Suit Seeking To Compel Remediation On The Basis Of Historical RCRA Violations Was Precluded
A recent decision out of the Northern District of Indiana found that a citizen suit brought under RCRA Section 7002(a)(1)(A) was unavailable for contamination that was caused by alleged historical violations of RCRA. In Browning v. FlexSteel Industries, Inc. (N.D. Ind.), plaintiffs brought a RCRA citizen suit under RCRA Section 7002(a)(1)(A) which allows private parties… Continue reading
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EPA And Environmental Groups Seek Supreme Court Review In Cross-State Air Pollution Case
On March 29, 2013, EPA and several environmental groups filed two separate Petitions for A Writ of Certiorari with the United States Supreme Court, asking the high court to review the D.C. Circuit decision to vacate EPA’s Cross-State Air Pollution Rule (the “Transport Rule”) in the case of EME Homer City Generation, LP v. Environmental… Continue reading