The court holds that the government's failure to state expressly in an indictment of an asbestos remover that materiality is an element of a Clean Air Act (CAA) §113 false statement offense and the district court's subsequent failure to submit the question of materiality to the jury constitute harm...

The court holds that the U.S. Environmental Protection Agency (EPA) violated a court order when it withdrew a federal implementation plan (FIP) and approved a state implementation plan (SIP) for Arizona; thus, EPA must disapprove the Arizona SIP and reinstate the withdrawn FIP. The court first holds...

The court holds that the U.S. Army Corps of Engineers (the Corps) may amend its answer to add counterclaims to its Federal Water Pollution Control Act (FWPCA) enforcement action against plaintiffs who brought an action for denial of a fill permit. The court first holds that equitable estoppel preven...

The court holds that a district court abused its discretion when it granted declaratory relief to defendants involved in the Exxon Valdez oil spill litigation in order to preempt a ruling on federal law issues in state court. The declaration served no purpose with respect to most of the parties to t...

The court holds that a citizen group failed to show that a consent decree between the city of Gloucester, the United States, and Massachusetts, which requires the city to construct a sewer system extension, impermissibly considered water quality standards or that the city's installation of septic ta...

The court holds that the U.S. Environmental Protection Agency (EPA) arbitrarily and capriciously listed Bronopol and DMP on the toxic release inventory, but acted properly in adding 284 other chemicals to the list. The court first rejects appellant chemical groups' argument that EPA acted contrary t...

The court affirms a district court decision that held a tugboat owner liable under the Oil Pollution Act (OPA) for $500,000 in costs incurred in cleaning up an oil spill. The court first holds that the district court did not clearly err in holding the tugboat owner negligent. The district court foun...

The court holds that environmental cleanup costs incurred by an insured who voluntarily undertook the cleanup are damages under the insured's comprehensive general liability policy and that a "care, custody, and control" exclusion in the policy only precludes coverage when the insured totally and ph...

The court holds that an Illinois utility company did not succeed to its sister corporation's direct liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for past or future response costs in connection with remediating contamination from the release of ha...

The court holds that the U.S. Environmental Protection Agency (EPA) violated the national contingency plan (NCP) by failing to reevaluate its selected remedy for cleaning up hazardous wastes at the Broderick Wood Products site near Denver, Colorado. Under an amended record of decision (ROD), EPA's s...