The court holds that a debtor railroad, reorganized in bankruptcy, is not liable to an appellant railroad for contribution under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with respect to contamination at a Pennsylvania site. The court first holds ...

The court holds that a challenge to the adequacy of a critical habitat designation that the Tenth Circuit had enjoined until the U.S. Fish and Wildlife Service (FWS) complies with the National Environmental Policy Act (NEPA) is not justiciable. The court notes that it is obligated to follow the Nint...

The court holds that the Freedom of Information Act (FOIA) doesnot exempt from disclosure lead production-rate information contained in Federal Water Pollution Control Act (FWPCA) compliance reports that a lead smelting company submitted to the U.S. Environmental Protection Agency (EPA). The court f...

The U.S. Supreme Court holds that ranchers and irrigation districts have standing to challenge a U.S. Fish and Wildlife Service (FWS) biological opinion recommending that the Bureau of Reclamation maintain minimum reservoir levels to protect endangered fish. The court first holds that the Endangered...

The court holds that the purchaser of a junk battery business and its parent corporation are successors to the seller and, therefore, are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs apportioned to the seller based on its battery s...

The court holds that the Port Authority of New York and New Jersey need not comply with the National Environmental Policy Act (NEPA) or the Coastal Zone Management Act (CZMA) before leasing a Brooklyn waterfront pier to a company for use as a building supply facility and corporate headquarters. The ...

The court holds that a state and U.S. Environmental Protection Agency (EPA) proposed schedule for developing total maximum daily loads (TMDLs) for Idaho water quality limited segments (WQLSs) violates the Federal Water Pollution Control Act (FWPCA). The schedule defeats the Act's goal of quickly dev...

The court dismisses a claim that state officials violated the Land and Water Conservation Fund (LWCF) Act by approving the expansion of a prison in a Colorado State Wildlife Area and State Park, and refuses to grant a preliminary injunction against the expansion based on alleged violations of the Pi...

The court holds that it has personal jurisdiction over a Massachusetts electric utility company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) case and that material issues of fact preclude granting the company summary judgment on its alleged CERCLA arranger liab...

The court holds that a district court lacked jurisdiction over the state of Missouri's challenge to the constitutionality of U.S. Environmental Protection Agency (EPA) final actions arising out of EPA's designation of St. Louis as an ozone nonattainment area. Clean Air Act (CAA) §307 requires that ...