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Trinity Am. Corp. v. EPA

The court upholds a U.S. Environmental Protection Agency (EPA) emergency order requiring a company to test groundwater within a three-quarter-mile radius of its property and to provide bottled water to anyone in this area whose groundwater fails to meet federal standards. The court first holds that ...

United States v. Navistar Int'l Transp. Corp.

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 bars the federal and Indiana governments' actions to recover cleanup costs incurred at the Maumee River site in Fort Wayne, Indiana. The governments initially sued the owner and operator of the ...

American Forest & Paper Ass'n v. EPA

The court holds that a forest and paper association does not have standing to challenge the U.S. Environmental Protection Agency's (EPA's) approval of the Oklahoma national pollutant discharge elimination system (NPDES) permit program. The association sought to challenge a portion of the permit prog...

National Ass'n of Reversionary Property Owners v. Surface Transp. Bd.

The court holds that it lacks jurisdiction to review property owners' claims that the Surface Transportation Board's (STB's) failure to provide individual notice to abutting landowners of trail conversion proposals violates due process. The Interstate Commerce Commission denied the property owners' ...

United States v. ASARCO Inc.

The court holds untimely the federal government's natural resource damages (NRD) action against several mining companies regarding a contaminated area of the Coeur d'Alene Basin in Idaho. The area for which the government seeks NRD is located outside of the facility boundaries of the 21-square-mile ...

United States v. Fern

The court affirms the convictions of the owner of an asbestos testing and consulting company for mail fraud, attempted witness tampering, and Clean Air Act (CAA) §113(c)(2)(A) violations. The court first holds that under the Double Jeopardy Clause of the U.S. Constitution, the impropriety of a gove...

Presidio Golf Club v. National Park Serv.

The court holds that the National Park Service (NPS) complied with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) in deciding to construct a public clubhouse at the Presidio golf course in San Francisco, California. The court first holds that a private...

United States v. Omega Chem. Corp.

The court holds that a chemical company did not violate the access and entry provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) when it refused to sign a voluntary consent form providing the U.S. Environmental Protection Agency (EPA) unconditional access...

Morongo Band of Mission Indians v. Federal Aviation Admin.

The court denies a Native American tribe's petition for review of a Federal Aviation Administration (FAA) decision to implement an airport arrival enhancement project (AEP) that will cause increased air traffic over the tribe's reservation. The court first holds that FAA fulfilled its obligation und...

United States v. Occidental Chem. Corp.

The court holds that the federal government's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106(b)(1) action against a nonsettling party to enforce a unilateral administrative order (UAO) is barred by the complete relief the government obtained in a prior settlemen...