James J. Periconi, Esq. | January 10, 2012
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups’ motion to intervene in a lawsuit between the District of Columbia (“District”) and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, “Pepco”), which concerned a consent decree under the Resource Conservation and Recovery Act (“RCRA”) entered into between the District and [...]
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: environmental litigation, RCRA
James J. Periconi, Esq. | November 30, 2011
The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and Recovery Act, and which sought an injunction requiring the defendant [...]
Category: Clean Water Act - CWA, Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: abstention, environmental litigation, federal courts
James J. Periconi, Esq. | September 7, 2011
The Second Circuit Court of Appeals threw out two claims under RCRA for failure to specify the specific contaminants alleged to cause the complained-of harm in the Notice of Intent to Sue.
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: citizen suit, contaminant, disposal, hazardous waste, RCRA