Guides published by Thierry Raymond Montoya

Gravel and Sand Yard an "Industrial Facility" Warranting NPDES Permit Compliance

Jul 06, 2012

The California Sportfishing Protection Alliance and Petaluma River ("Plaintiffs") filed suit under the Clean Water Act's citizen suit provisions alleging that Shamrock Materials, Inc.'s ("Defendant") s...

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CERCLA 113(f) Contribution Claim is the Exclusive Remedy

Jul 06, 2012

Roane/Third Party Plaintiffs Holdings Limited ("Roane/Third Party Plaintiffs, or Plaintiffs") filed a third-party complaint ("TPC") against MeadWestvaco, UCC, and Citigroup ("Defendants"), seeking reco...

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Court’s Rationale

Jul 06, 2012

Plaintiffs comprise three environmental groups seeking enforcement of the effluent selenium limitations contained in West Virginia's NPDES and Surface Mining Coal Reclamation Act ("SMCRA").Both 33 U.S....

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EPA’S Administrative Claims against the Insured’s Triggered Insurer’s Duty to Defend and Indemnify

Jul 06, 2012

EPA notified the Campbell Estate that pursuant to CERCLA, as a previous owner and/or operator of the site, it was a potentially responsible party (PRP) requiring it to perform cleanup actions, and to p...

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EPA Lacked the Authority to Revoke a Corps Authorized Clean Water Act Section 404 Permit

Jul 06, 2012

Mingo Logan completed an environmental impact statement resulting in the Corps January 22, 2007 grant of a section 404 permit, authorizing Mingo Logans discharge of dredge or fill material into nearby ...

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EPA's Veto of the Yazoo Pump Station Upheld Under the Clean Water Act's Section 404(c).

Jul 06, 2012

The Court upheld EPA's decision to veto the Yazoo Backwater Area Pump Project (the "Project") under the Clean Water Act's sections 404(c),(r)-holding that these sections' limited exemption to the EPA's...

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The Clean Air Act’s Citizen Suit Provision Does Not Authorize Citizens to Enforce Violations of Ohio’s State Implementation Plan

Jul 06, 2012

Plaintiff filed suit under the Clean Air Acts citizen suit provision to compel the Director of Ohios EPA, (the Director), to enforce the best available, (BAT), determination before issuing permits to s...

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Private Interests to Ground Water Do Not Trump the Government's Right to Regulate A "Natural Resource"

Jul 06, 2012

Plaintiffs, ("Trustee"), pursued CERCLA actions against various Defendants that owned or operated an alumina refinery and an oil refinery on an industrial tract.The Trustee was pursuing remediation cos...

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District Court's Dismissal of a Federal Action and the Remand of Insurance Coverage Claims to State

Jul 06, 2012

This case arises from state and federal litigation over liability for damages and defense costs in environmental tort lawsuits.Appellants filed suit in federal court and appellee's brought a declarator...

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Court Granted NRDC's Petition Because EPA Did Not Property Conduct Certain Dichlorvos Risk Assessments

Jul 06, 2012

In June 2006, the Natural Resources Defense Council ("NRDC") petitioned the Environmental Protection Agency ("EPA") to revoke all tolerances and cancel all registrations for the pesticide dicholoroviny...

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Thierry Raymond Montoya's Legal Guides (39)

Gravel and Sand Yard an "Industrial Facility" Warranting NPDES Permit Compliance

CERCLA 113(f) Contribution Claim is the Exclusive Remedy

Court’s Rationale

EPA’S Administrative Claims against the Insured’s Triggered Insurer’s Duty to Defend and Indemnify

EPA Lacked the Authority to Revoke a Corps Authorized Clean Water Act Section 404 Permit

EPA's Veto of the Yazoo Pump Station Upheld Under the Clean Water Act's Section 404(c).

The Clean Air Act’s Citizen Suit Provision Does Not Authorize Citizens to Enforce Violations of Ohio’s State Implementation Plan

Private Interests to Ground Water Do Not Trump the Government's Right to Regulate A "Natural Resource"

District Court's Dismissal of a Federal Action and the Remand of Insurance Coverage Claims to State

Court Granted NRDC's Petition Because EPA Did Not Property Conduct Certain Dichlorvos Risk Assessments