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United States v. Conoco, Inc.

The court holds that the federal government's costs of monitoring a private party's oil spill cleanups are recoverable removal costs under the Oil Pollution Act (OPA). The court first holds that OPA §1001(30) is broad enough to comport with the government's interpretation of "removal" as including ...

Preserve Endangered Areas of Cobb's History, Inc. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the Federal Water Pollution Control Act (FWPCA), the National Environmental Policy Act (NEPA), the National Historical Preservation Act (NHPA), or the Endangered Species Act (ESA) in granting an FWPCA §404 permit for ...

Preserve Endangered Areas of Cobb's History, Inc. v. Corps of Eng'rs

The court holds that the Federal Water Pollution Control Act (FWPCA) does not authorize citizen suits against the U.S. Army Corps of Engineers (the Corps) and that the U.S. Environmental Protection Agency's (EPA's) decision not to veto the Corps' issuance of an FWPCA §404 permit for a highway proje...

North Carolina Fisheries Ass'n v. Brown

The court holds that a moratorium imposed by the National Marine Fisheries Service (NMFS) on possessing and harvesting Atlantic Coast weakfish in the exclusive economic zone (EEZ) exceeds the authority granted to NMFS by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act...

United States v. Kayser-Roth Corp.

The court holds that postconsent-decree circumstances do not justify modifying a consent decree between the U.S. Environmental Protection Agency and the current owner of a contaminated site that settled the current site owner's liability under the Comprehensive Environmental Response, Compensation, ...

Marbled Murrelet v. Pacific Lumber Co.

The court holds that an appropriations bill rider rescinding money from and limiting expenditures for species listing and critical habitat designation programs under the Endangered Species Act (ESA) does not relieve the U.S. Fish and Wildlife Service (FWS) of its obligation to comply with a court-im...

Dartron Corp. v. Uniroyal Chem. Co.

The court holds that the past owner of a contaminated site, who still owns land adjacent to the site, is liable to the current owner for breach of an as-is sales agreement under Ohio law, but may seek contribution of necessary response costs from the current owner under §113(f) of the Comprehensive...

Johnson County Airport Comm'n v. Parsonitt Co.

The court holds that a Kansas municipal airport commission that leased part of airport property to a dry cleaning company is a potentially responsible party (PRP) under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and may only pursue a §113(f) cont...

Sun Co. v. Browning-Ferris, Inc.

The court holds that a contribution claim under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) brought by plaintiff potentially responsible parties (PRPs) that incurred cleanup costs in response to a U.S. Environmental Protection Agency (EPA) administrati...

Frost v. Perry

The court holds that the U.S. government properly invoked the military and state secrets privilege, preventing a Resource Conservation and Recovery Act (RCRA) citizen suit regarding a classified site operated by the U.S. Air Force from proceeding. The court first notes that the military and state se...