Environmental Law

This is FindLaw’s collection of Environmental Law articles, part of the Corporate Counsel Center Law Library. Environmental law is the collection of statutes and regulations pertaining to air quality, water quality, the wilderness, endangered wildlife and other environmental factors. The umbrella of environmental legislation covers many laws and regulations, yet they all work together toward a common goal, which is regulating the interaction between man and the natural world to reduce threats to the environment and increase public health. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

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Environmental Law Articles

Congress Moves Toward Revising the Endangered Species Act

After years of deadlock, Congress may finally revise the Endangered Species Act. SB 1180, "The Endangered Species Recovery Act of 1997," does not alter the basic thrust of the Act, but makes needed revisions to several of its implementing ...
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Contribution Liability Under CERCLA Can Be Joint

The Seventh Circuit Court of Appeals has held in the case of Browning - Ferris Industries v. Ter Maat, 1999 WL 988974 (7th Cir. Nov. 1, 1999) that contribution liability under Section 113(f) of CERCLA can be joint as well as several. The District ...
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Court Affirms Ban On Epa Overfilling

The United States Court of Appeals for the Eighth Circuit affirmed a district court action dismissing an enforcement action by EPA. Harmon Industries Inc. v. Browner, No. 98-3775 (8th Cir. September 16, 1999). (See EnviroChecklist October 1998, for ...
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Court Approves Air Permit for Asphalt Plant, Rejecting Residents’ Complaints

The Kent County Circuit Court has affirmed the Michigan Department of Environmental Quality's (MDEQ) issuance of an air quality permit to Woodland Paving Company (Woodland) located in Grand Rapids, Michigan, for the expansion of its asphalt paving ...
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Court Holds RCRA Citizen Suit May Not Be Brought Against State Agency

The United States District Court for the Eastern District of Michigan has held that the Michigan Department of Natural Resources (MDNR, now referred to as the Michigan Department of Environmental Quality (MDEQ)) may not be sued under the citizen ...
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Court puts teeth into service contract language

For years, the first question posed by an oilheat dealer upon receipt of a claim for a leaking tank or oil line was: "Doesn't the language in the service contract mean ANYTHING?" And for years, our response as lawyers has been a definite "MAYBE", in ...
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Court Sets Limits on “Innocent Owner” Claims by Individual Members of a Partnership who Buy Real Property from the Partnership

From Riker Danzig Environmental UPDATE On December 18, 1998, the U.S. District Court of New Jersey held in Grand Street Artists v. General Electric Co., that general partners with knowledge of property contamination who still move forward to acquire ...
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Court Thwarts Another State Attempt To Restrict Waste Flow

The United States District Court for the Eastern District of Virginia in the case of Waste Management Holdings, Inc. v. Gilmore, 64 F. Supp. 2d 523 (E.D. Va. 1999) enjoined Virginia's attempt to limit out-of-state waste. This is another in what has ...
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Court Turns Down EPA Policy On Municipality’s Cercal Settlements

Bowing to pressure from municipalities and congress, EPA adopted in 1998 the Policy for Municipality and Municipal Solid Waste CERCLA Settlements and National Priorities Lists Co-Disposal Sites. The policy recognized that many Superfund sites ...
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Court Upholds EPA Approval for Disposal of PCB Wastes

The United States Environmental Protection Agency (EPA) did not err in approving the disposal of polychlorinated biphenyls (PCB) at a landfill in Van Buren Township (Township), and the Township's challenge to the approval is without merit, a federal ...
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