My individual practice has caused me to focus on mandatory injunctions under the environmental laws for a while now, as in United States v. NCR, No. 1:10-cv-910-WCG (E.D. Wis. May 1, 2013). That case, tried last December, resulted in a mandatory permanent injunction under Section 106(b) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9606(b), which requires multiple responsible parties to comply with a unilateral administrative order for remedial action issued by the Environmental Protection Agency, jointly and severally.
Superfund practitioners may want to focus on that recent decision. Others may wonder whether a Superfund case, or any other federal case, is a useful model for environmental enforcement in the Pennsylvania courts.
