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Summary Judgment Solid Waste

Downey Brand LLP

Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

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In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

Downey Brand LLP on

The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Fair Housing and "Solid Waste"

This week, the Court clarifies the Fair Housing Act and Resource Conservation Recovery Act. CITY OF OAKLAND V. WELLS FARGO & COMPANY The en banc Court holds that Oakland failed to adequately plead proximate cause...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alternative Daily Cover/Landfill: Alabama Appellate Court Addresses Challenge to State Rules

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

Stoel Rives LLP

In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste...

Stoel Rives LLP on

In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge Recommended Decision: Alleged Cotton Plant, Arkansas...

Arkansas Pollution Control and Ecology Commission (“Commission”) Administrative Law Judge (“ALJ”) Charles Moulton issued a December 21st Recommended Decision addressing alleged violations by Tristate Contracting of Brinkley,...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas SWDA Preempts Plastic Bags-Related Ordinance

On August 17, 2016, the Fourth District Court of Appeals sitting in San Antonio held, in a 2 to 1 decision, that a City of Plastic bagsLaredo ordinance prohibiting the distribution of “single use” plastic bags at check-out...more

Perkins Coie

Ruling Applies RCRA to Dairy Practices for the First Time

Perkins Coie on

Community Ass’n for Restoration of the Envt. v. Cow Palace, The Dolsen Companies, and Three D, Case No. 13-3016 (E.D. Wash.) On January 14, 2015, Judge Thomas O. Rice of the Eastern District of Washington ruled that...more

Bergeson & Campbell, P.C.

Federal Court Ruling Expands RCRA Authority By Declaring Manure A RCRA Solid Waste

On January 14, 2015, the U.S. District Court for the Eastern District of Washington granted summary judgment in a case against a dairy farm and declared manure from the farm’s livestock is a solid waste under the Resource...more

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