Sherwin-Williams Co. v. City of Hamtramck

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that, in an action “by any other person,” the burden is on the party bringing suit to prove both necessity and consistency
• “The regulations clearly contemplate participation by the general public ... Using state regulators as a substitute ... is contrary to the letter and the spirit of the regulations”
• “The distinction is important because the type of action determines the nature and complexity of the regulations governing ... compliance with the NCP.”
• “The City has demonstrated no imminent threat to health or safety, and the extended and protracted nature of the cleanup indicate that the City has engaged in a remedial action”
• “[T]he extended and protracted nature of the cleanup indicate that the City has engaged in a remedial action.”
• “The regulations clearly contemplate participation by the general public in decisions that could affect the environmental conditions of their neighborhood.... [E]ven where a cleanup is conducted by the EPA or a state agency, a public comment period is required”

Source: CourtListener parenthetical corpus (CC0).