The court vacates a jury verdict finding an aviation repair station guilty of recklessly causing the transportation of hazardous material in air commerce. The case arose after the 1996 airplane crash in the Florida Everglades. The court first holds that the reckless counts are invalid. The governmen...

The court holds that a paper and pulp company unreasonably failed to provide a timely response to a U.S. Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104(e) information request regarding the identification, nature, quantity, g...

The court holds that the U.S. Army Corps of Engineers (the Corps) exceeded its authority in extending jurisdiction over property that contains wetlands in light of its own regulations and the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers ...

The court holds that an equestrian center discharged fill to wetlands that were within the U.S. Army Corps of Engineers' jurisdiction, and, thus, the center violated Clean Water Act (CWA) §301 by discharging sand to the wetlands without a permit. The center argued that under Solid Waste Agency of N...

The court holds that the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S. 159, 31 ELR 20382 (2001) (SWANCC), did not fundamentally or significantly change the law governing a development company's conviction for dischargin...

The court affirms a district court decision holding a company liable for U.S. response costs incurred while cleaning up groundwater contamination at the Des Moines trichloroethylene (TCE) site and awarding the United States over $4 million in cleanup costs. The court first holds that the district co...

The court holds that a district court failed to obey a previous Sixth Circuit decision requiring the district court to determine the divisibility of recovery costs at a Superfund site and to use the standard set forth in United States v. Bestfoods, 524 U.S. 51, 28 ELR 21225 (1998), to determine if a...

The court holds that a district court properly determined the sentence for an individual who pleaded guilty to aiding and abetting the injection of hazardous waste and the disposal of hazardous waste without a permit in violation of the Comprehensive Environmental Response, Compensation, and Liabili...

The court affirms a district court decision holding that an individual constructed two floats on his dock without securing a permit from the U.S. Army Corps of Engineers (Corps) in violation of the Rivers and Harbors Appropriations Act (RHAA) and requiring the individual to remove the floats. In 198...

The court affirms a district court decision ordering a corporate farm to pay penalties it stipulated to in a consent decree it entered into with the U.S. Environmental Protection Agency (EPA) for the restoration of wetlands destroyed by the farm's construction of a drainage ditch system without a Cl...