The court holds that a plaintiff in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action can satisfy its burden of showing that a facility contains hazardous substances generated by a given defendant with circumstantial evidence that such substances we...

The court holds that a plaintiff city's notice letter complied with the notice requirements of §505(b)(1)(A) of the Federal Water Pollution Control Act (FWPCA) and the regulatory notice requirements set forth in 40 C.F.R. §135.3(a). The court first holds that the city's allegations that a develope...

The court holds that a plaintiff city challenging the sufficiency of a developer's stormwater pollution prevention plan (SWPPP) under the state pollution discharge elimination system general permit failed to prove that the SWPPP's stormwater runoff and erosion control measures violate the general pe...

The court holds that an operator of a landfill with the potential to emit enough volatile organic compounds (VOCs) to be classified as a major stationary source under the Clean Air Act (CAA), violated the Act by constructing and operating the landfill without obtaining a CAA Part D permit. A Pennsyl...

The court holds that a district court improperly applied the de novo standard of review to the U.S. Forest Service's interim guidelines for the management of red-cockaded woodpecker habitat, and remands to the district court for a new review of the interim guidelines under the arbitrary and capricio...

The court holds that a district court did not err in finding that Fisheating Creek upstream of Fort Center, Florida, is not a navigable water subject to federal jurisdiction under §10 of the Rivers and Harbors Act. The court first holds that the critical period for determining navigability is betwe...

The court holds that it has jurisdiction over state-law claims that the current owner of contaminated property brought against several past owners, including the U.S. government, for nuisance, trespass, strict liability, contribution, restitution, and indemnity, and rules on several motions to dismi...

The court upholds the U.S. Environmental Protection Agency's (EPA's) Federal Water Pollution Control Act (FWPCA) effluent limitations for the offshore oil and gas industry. The court first rejects industry petitioners' challenge to EPA's selection of improved gas flotation in its best available tech...

The court denies a company's motion for summary judgment on citizen suit claims alleging that the company violated the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA) at a Texas facility. The court first holds that CAA §304(b)(1)(B) and RCRA §7002(b)(1)(B) do not bar plai...

Dissenting from the U.S. Supreme Court's denial of certiorari in a case in which the Ninth Circuit ruled that the presence of migratory birds on property creates a sufficient connection to interstate commerce to give the U.S. Army Corps of Engineers (the Corps) jurisdiction over the property under t...