The Ninth Circuit reversed and remanded a district court's grant of summary judgment in favor of defendants, alleged "arrangers" who sold lead-containing materials to the facility's operators, because under the useful product doctrine a reasonable finder of fact could infer from the evidence that so...

On remand from the U.S. Supreme Court, the Third Circuit held that plaintiff could state a cause of action for cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) where it undertook voluntary cleanup action at a site. Under the United S...

A district court granted summary judgment for federal defendants upholding the adequacy of an environmental impact statement (EIS) for the Intercounty Connector, a major proposed highway in suburban Washington, D.C. Even though the purpose and need statement referred to a highway only, the EIS clear...

A district court denied environmental group’s motion to intervene in a challenge against the U.S. Army Corps of Engineers' authority to regulate upland ditches through its nationwide Clean Water Act permits, but allowed the environmental group to participate in the action as amicus curiae. Con...

The D.C. Circuit denied petitioner cities' challenge of the U.S. Environmental Protection Agency's (EPA) Safe Drinking Water Act (SDWA) rule regulating microbial contaminants in drinking water and requiring subject cities to take several steps to eliminate the parasite cryptosporidium from their dri...

The Ninth Circuit reversed and remanded for further proceedings a lower court's dismissal of citizen suit claims brought by an environmental advocate group alleging the U.S. Environmental Protection Agency (EPA) failed to fulfill its mandate to timely review effluent guidelines and limitations in ac...

The Seventh Circuit affirmed the district court dismissal of appellant’s citizen suit action on the basis that such actions are barred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h), which strips courts of jurisdiction over challenges to c...

The Eleventh Circuit, adopting the Seventh and Ninth Circuits' reading of Rapanos v United States, 126 S. Ct. 2208 (2006), reversed, vacated, and remanded defendants' convictions for their roles in a Clean Water Act (CWA) conspiracy and for violations under the CWA where the trial court's definition...

A district court denied the U.S. Environmental Protection Agency's (EPA) application for an administrative warrant pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that sought access to an allegedly abandoned property for the purpose of removing and disp...

The Eleventh Circuit upheld the dismissal of conservation groups' citizen suit action against the Tennessee Valley Authority (TVA) for alleged Clean Air Act violations in connection with work it performed in the early 1980s on a coal-fired boiler at its power plant in Colbert County, Alabama. The lo...