The court holds that a U.S. Environmental Protection Agency (EPA) rule establishing a bifurcated schedule for hazardous waste combustors to comply with strict new emission standards is arbitrary and capricious. The rule, promulgated under the Clean Air Act (CAA) and the Resource Conservation and Rec...

The court affirms a district court holding that a city was liable for contributing to illegal dumping at two garbage dumps in violation of the Resource Conservation and Recovery Act (RCRA), and that the director of the state environmental agency could not be held liable for RCRA violations. Resident...

The court upholds the conviction of a fertilizer company owner who allowed hazardous waste to be disposed of without a permit while knowing that his actions placed others in imminent danger of death or serious bodily injury, but the court vacates a district court order requiring the owner to pay a $...

The court holds that under Ohio law, the doctrine of res judicata bars property owners' Resource Conservation and Recovery Act (RCRA) suit against the property's seller for leaving gasoline buried in the soil. The owners filed their RCRA suit in federal court after they litigated contract and fraud ...

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former owner, and then proceeded to clean up the property before relie...

The court holds that the U.S. Environmental Protection Agency's (EPA's) use of the toxicity characteristic leaching procedure (TCLP) to measure compliance with the Resource Conservation and Recovery Act (RCRA) treatment standard for spent potliner is arbitrary and capricious. Spent potliner is a byp...

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former sublessee operated a gasoline station at the site, which was next ...

The court holds that a consent decree between the U.S. Environmental Protection Agency (EPA) and an oil company relating to contamination at the company's petroleum refinery does not bar an administrative action alleging that the company violated hazardous waste regulations requiring attachment of n...

The court holds that environmental groups' claim that the U.S. Environmental Protection Agency (EPA) violated the Resource Conservation and Recovery Act (RCRA) by promulgating regulations allowing electric, telephone, and natural gas utilities in New York to accumulate hazardous waste at utility-own...

The court largely upholds the U.S. Environmental Protection Agency's (EPA's) determination that Subtitle C of the Resource Conservation and Recovery Act (RCRA) does not apply to recycled materials used to make zinc fertilizers, or to the resulting fertilizers themselves, so long as they meet certain...