The court holds that the Superfund Recycling Equity Act's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §127 liability exemption for certain recyclers applies to all parties in a state CERCLA enforcement action pending when the liability exemption was enacted. The c...
The court dismisses in part and remands in part several petitioners' challenges to the U.S. Environmental Protection Agency's (EPA's) final rule concerning the use and disposal of polychlorinated biphenyls (PCBs). The court first holds that the substantial evidence standard of review under Toxic Sub...
The court holds that it lacks subject matter jurisdiction to review community groups' and individual plaintiffs' Clean Water Act (CWA) citizen suit alleging that a Maryland city routinely violated its national pollutant discharge elimination system (NPDES) discharge permit. In 1993, the state enviro...
The court holds that the owner of a wood treatment plant is liable under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) for all past and future response costs incurred during the remediation of a South Carolina Superfund site. The Superfund site at issue is made ...
The court holds that a state environmental agency's enforcement actions preclude a citizen group's claims for injunctive relief and civil penalties against a construction company that violated its national pollutant discharge elimination system (NPDES) permit. The court first holds that the group's ...
The court holds that the Interstate Commerce Commission (ICC) lacked jurisdiction under the National Trails System Act to issue a second notice of interim trail use (NITU) authorizing a railroad to negotiate a trail use agreement. The court first holds that the railroad's right-of-way had been aband...
The court holds that a state transportation agency did not violate the National Environmental Policy Act (NEPA) when it allowed a private contractor with a possible conflict of interest to assist in the preparation of an environmental impact statement (EIS) for a highway interchange construction pro...
The court orders the U.S. Department of the Interior (DOI) to suspend operation of a cooperative research and development agreement (CRADA) that granted a private company the right to bioprospect microbial organisms in Yellowstone National Park pending completion of necessary National Environmental ...
The court denies environmental groups' petition to review the U.S. Environmental Protection Agency's (EPA's) decision to issue national pollutant discharge elimination system (NPDES) stormwater permits to five municipalities without requiring numeric limitations to ensure compliance with state water...
The court upholds a $10,000 penalty imposed by the U.S. Coast Guard under the Clean Water Act against the management company of a ship that discharged garbage and plastic into navigable waters of the United States. The court first holds that the Coast Guard's determination that the company is liable...