Search : U.S. 2nd Circuit Court of Appeals : Environmental Law
Number of summaries found: 65
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| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Civil Rights, Commercial Law, Constitutional Law, Environmental Law, Government Contracts, Government Law |
| Title: | United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Mgmt. Auth. |
| Date: | 02/16/06 |
| Case Number: | 05-2024 |
| Summary: | Summary judgment for defendants in a challenge under the dormant Commerce Clause to certain counties' municipal flow control ordinances is affirmed since, even if the ordinances were found to burden interstate commerce, the burden imposed would not be clearly excessive in relation to the local benefits conferred by the ordinances. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Civil Procedure, Contracts, Environmental Law, Government Law, Property Law & Real Estate |
| Title: | Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth. |
| Date: | 01/12/06 |
| Case Number: | 04-5878 |
| Summary: | Order remanding a case asserting environmental claims to state court for failure to comply with a local court rule is vacated where the remand order was appealable, the remand order was erroneously issued, and the district court’s subject matter jurisdiction was properly invoked. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Civil Procedure, Environmental Law |
| Title: | State of New York v. Green |
| Date: | 08/18/05 |
| Case Number: | 04-4070 |
| Summary: | In a dispute concerning environmental clean-up and remediation at a manufacturing plant, the district court did not abuse its discretion when it denied defendant's motion to vacate a default judgment. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Environmental Law, Injury And Tort Law |
| Title: | Syms v. Olin Corp. |
| Date: | 05/18/05 |
| Case Number: | 03-6234 |
| Summary: | In a suit to recover cost related to the clean up of hazardous substances, judgment in favor of defendant is affirmed where plaintiff is not eligible to seek contribution under the Comprehensive Environmental Response, Compensation, and Liability Act. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Constitutional Law, Construction, Environmental Law |
| Title: | Green Mountain R.R. Corp. v. State of Vermont |
| Date: | 04/14/05 |
| Case Number: | 04-0366 |
| Summary: | A Vermont environmental statute cannot impose pre-construction permit requirements on proposed railroad transloading facilities on the ground that the statute is preempted by the Interstate Commerce Commission Termination Act. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Criminal Law & Procedure, Environmental Law, Sentencing |
| Title: | US v. Rubenstein |
| Date: | 03/31/05 |
| Case Number: | 03-1721 |
| Summary: | Defendants' sentence for violating the Clean Air Act is vacated where the district court erred by considering state permitted requirements, that are arguably inapplicable to defendants, in imposing a sentence enhancement. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Environmental Law, Water Law |
| Title: | WATERKEEPER ALLIANCE, INC. v. EPA |
| Date: | 03/16/05 |
| Case Number: | 03-4470 |
| Summary: | A regulation promulgated by defendant-EPA, which controls the emission of water pollutants from concentrated animal feeding operations, violates the express terms of the Clean Water Act. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Environmental Law, Water Law |
| Title: | WATERKEEPERS ALLIANCE, INC. v. EPA |
| Date: | 02/28/05 |
| Case Number: | 03-4470 |
| Summary: | Plaintiffs successfully challenge a regulation, promulgated by defendant-EPA, to control the emission of water pollutants from concentrated animal feeding operations since certain aspects of the regulation violate the express terms of the Clean Water Act. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Environmental Law |
| Title: | JUNE v. TOWN OF WESTFIELD |
| Date: | 06/02/04 |
| Case Number: | 03-7723 |
| Summary: | Defendant's Motion for summary judgment upheld because their dumping activities were with the maintenance exception of 33 U.S.C. section 1344(f)(1)(B), and because Plaintiff failed to allege ongoing dumping of solid waste as required to prove violation of 42 U.S.C. section 6945. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Environmental Law |
| Title: | ENVTL. DEF. v. EPA |
| Date: | 05/19/04 |
| Case Number: | 02-4107 |
| Summary: | The EPA's approval of New York's State Implementation Plan - which demonstrates an ability to meet required air quality standards for ozone pollution by the applicable attainment date - did not violate the Clean Air Act or EPA regulations. |