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Hazardous Substances Air Pollution Appeals

Williams Mullen

D.C. Circuit Upholds Boiler MACT

Williams Mullen on

If there’s any good news for industry in the recent 162-page decision issued by the United States Court of Appeals for the D.C. Circuit on the Boiler MACT, we can’t find it. The court rejected all challenges by industry...more

Morgan Lewis

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Farella Braun + Martel LLP

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

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