The court holds that the Burford abstention doctrine does not preclude it from hearing a purchaser's Resource Conservation and Recovery Act (RCRA) §7002(a)(1)(A) citizen suit against the sellers of a solid waste disposal site that is leaching contaminants. A RCRA citizen suit is exclusively a feder...

The court affirms two individuals' convictions for violating the Federal Water Pollution Control Act (FWPCA) and the federal mail fraud statute, 18 U.S.C. §1341, but remands their sentences. The court first holds that the individuals' discharge into a storm sewer of industrial wastewater that flowe...

The court holds that a trustee and beneficial owners of contaminated land formerly used as a gasoline station may sue past site operators under the Resource Conservation and Recovery Act (RCRA). The court rejects the operators' argument that the court lacks jurisdiction because Illinois' leaking und...

The court holds that while the purchaser of contaminated property may seek civil penalties against the seller under Resource Conservation and Recovery Act (RCRA) §7002(a), res judicata bars the claim. The court first holds that the purchaser is not entitled to an order granting it restitution for p...

The court refuses to enjoin implementation of the 1996 Interim Bison Management Plan (1996 Plan) for managing bison that leave Yellowstone National Park and enter public and private lands in Montana. The court holds that plaintiffs failed to show a likelihood of success on the merits of their claims...

The court holds that a broker of used batteries is liable as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs incurred at a battery breaking facility. The court first notes that in a prior opinion it held that a party that sells j...

The court holds that four companies may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs and under state common law for damages resulting from contamination at two sites, but that they are not liable for contamination at three othe...

The court holds that a parent corporation may only be held liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its subsidiary's actions when the requirements necessary to pierce the corporate veil are met. The court applies Michigan law,...

The court affirms a district court decision to exclude expert testimony involving heat-degraded polychlorinated biphenyls (PCBs), and affirms the district court's jury instructions, in a suit in which plaintiff-appellants sought to recover damages allegedly caused by PCB runoff from a railroad yard ...

The court orders a dry cleaning company to assess tetrachloroethylene (perc) contamination in the soil and groundwater surrounding one of its facilities and to propose a remediation plan. Adopting a magistrate judge's report and recommendation, the court holds that the magistrate clearly understood ...