A district court held that a company that concededly bears some legal responsibility under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for contamination at particular sites but has not been the subject of a previous civil action under CERCLA §§106 or ...

A California appellate court affirmed a lower court decision enjoining defendant property owners from maintaining gates across a private roadway easement owned by plaintiff property owners. The lower court did not err in failing to consider whether the gates unreasonably interfered with the plaintif...

The Seventh Circuit held that a farmer who converted wetlands on his land to agricultural use is ineligible for federal agricultural subsidies under the swampbuster legislation. An exception to this legislation allows subsidies for wetlands that had been drained and farmed prior to December 23, 1985...

The Ninth Circuit held that the Energy Policy and Conservation Act does not preempt California appliance regulations requiring appliance manufacturers to submit data about their appliances, mark their appliances with brand name and performance information, and be subjected to compliance and enforcem...

A district court dismissed the U.S. action against a utility and its subcontractor to recover response costs incurred at the MacGillis and Gibbs/Bell Lumber & Pole Superfund site in New Brighton, Minnesota. In the autumn of 2000, the forcemains at the site constructed by the U.S. Environmental Prote...

A district court held that the U.S. Forest Service complied with the National Environmental Policy Act and its implementing regulations when it issued environmental assessments in its decision to reissue two special use permits allowing snowmobiling and helicopter skiing in the Okanogan National For...

A district court granted an oil company's motion to strike a report submitted by individuals' expert witness and denied the individuals' motions for reconsideration of the court's previous summary judgment decision concerning liability for response costs the company incurred cleaning up environmenta...

The D.C. Circuit denied a company's petition challenging the U.S. Environmental Protection Agency's (EPA's) decision to place it on the national priorities list. Neither EPA's interpretation nor its application of the disputed regulation was unreasonable. Further, EPA reviewed the data the company s...

A district court, in a dispute concerning who should pay to clean up contamination at the Armour Road Superfund site in Missouri, allocated 90% of a potentially responsible party's (PRP's) past response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), f...

A California district court upheld the environmental reviews performed by the Bureau of Indian Affairs and the National Indian Gaming Commission in connection with the proposed construction of a hotel and gaming facility on an Indian reservation and an interchange and access road connecting the rese...