The court holds that a state administrative action does not preclude a property owner's Resource Conservation and Recovery Act (RCRA) and Federal Water Pollution Control Act (FWPCA) citizen suit claims against a petroleum company for damage cause by a gasoline spill. The court first holds that the s...

The court upholds the determination of appellate and circuit courts that a county may assert zoning authority over a company seeking to construct a large-scale hog confinement facility only so far as to require it to conform to building or set-back lines. The company filed suit for injunctive and de...

The court affirms in part and reverses in part a district court grant of summary judgment to the government in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action against owners of a farm where the U.S. Environmental Protection Agency (EPA) incurred response costs...

The court holds that a county-run sewage treatment plant is liable under the Clean Water Act (CWA) for discharging effluent into a stream in violation of state water quality standards for heat. The court first holds that the citizen group that sought to enforce the state water quality standards has ...

The court affirms a district court decision that upheld U.S. Environmental Protection Agency (EPA) penalties against a landowner and a friend of the landowner for filling wetlands without a permit in violation of the Clean Water Act (CWA). The court first holds that the argument by the two men that ...

The court holds that the Clean Water Act (CWA) authorizes the U.S. Environmental Protection Agency (EPA) to set total maximum daily loads (TMDLs) for rivers polluted only by logging and agricultural runoff and/or other nonpoint sources. Owners of land along the Garcia River in California filed suit ...

The court grants in part and denies in part a Superfund site owner's motion for summary judgement in connection with claims brought against him by other potentially responsible parties (PRPs) of the site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Ne...

The court holds that a U.S. Environmental Protection Agency (EPA) guidance document that set forth periodic monitoring requirements for stationary sources subject to Title V permitting under the Clean Air Act (CAA) impermissibly broadened a 1992 rule and, therefore, set the guidance document aside. ...

The court holds that Rivers and Harbors Appropriations Act (RHA) §§10 and 12 contain an implied removal and reimbursement remedy that allow the U.S. Army Corps of Engineers to recover from a pier owner the costs of removing two piers in order to create a larger turning basin in California's Oaklan...

The court vacates a district court decision that the U.S. Environmental Protection Agency's (EPA's) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against the owners and operators of Bunker Hill Mining Site in Idaho are time barred. EPA listed the Bunker Hill s...