As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the...more
...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more
The United States Court of Appeals for the 11th Circuit (“11th Circuit”) addressed in a December 30th Opinion an issue arising out of a nuisance action filed against a garbage transfer station (i.e., solid waste transfer...more
The Court of Appeals of Kansas (“Appellate Court”) addressed in an October 21st Opinion a question arising out of a contract that provided the right to repurchase the real estate on which the landfill occupies. See South...more
The Appeals Court of Massachusetts (“Court”) addressed in a May 13th Opinion the interpretation of certain zoning laws to the importation of soil (which included some man-made materials). See Immanuel Corp. v. Zoning Board of...more
The New York Supreme Court, Appellate Division (“Court”), addressed in a January 6th decision whether two insurance companies had a duty to defend an insured for damages related to the release of certain chemicals. See...more
A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more
A Pennsylvania court examined in a May 26th Opinion whether a town’s zoning ordinance prohibited a Clean Fill Facility (“Facility”) in a certain district. See Greenview Properties 862, LLC v. Hamilton Township Zoning Board,...more
The Court of Appeals of Texas (“Court”) addressed in a December 16th Opinion an issue arising out of litigation between an engineering firm and a Texas city related to a contract associated with services to obtain a landfill...more
The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more
The Supreme Court of Alabama (“SCt”) addressed in a November 6th Opinion a challenge to certain Alabama Department of Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Ex Parte Lance R. Lefleur,...more
A New York Appellate Court (Fourth Department) (“Court”) addressed in a November 8th Order an action filed by a potential purchaser of a 50 acre parcel of property against the Town of Carroll, New York alleging a taking...more
The Court of Appeals of Alabama (“Court”) addressed in a December 13th opinion a challenge to a Alabama Department of Environmental Management (“ADEM”) decision to grant a permit allowing the expansion and modification of a...more
The Court of Appeals of Oregon (“Court”) issued a December 18th opinion addressing whether the temporary storage of waste mulch generated pursuant to a landfill closure constituted an irrevocable license. See Joseph Mill...more
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in an October 30th opinion issues associated with a class-action lawsuit filed against a landfill. See Jing Gao, et al. v. Blue Ridge Landfill TX,...more
The Court of Civil Appeals of Alabama (“Court”) addressed in an October 11th opinion a challenge to certain Alabama Department Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Smith v. Lefleur,...more
The Court of Appeals of Arkansas (“Court”) addressed in a September 11th opinion the City of Magnolia, Arkansas’s (“Magnolia”) challenge to the allocation of a Columbia County sales and use tax to finance a Solid Waste...more
A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more
The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more
The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et al. v....more