The court holds that a remedial investigation/feasibility study (RI/FS) is a removal action and, therefore, that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars judicial review of a challenge to an ongoing RI/FS at a contaminated landfill on the Tu...

The court holds that the U.S. Forest Service complied with the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA) in exchanging Forest Service land in Vail, Colorado, for private land in the Eagles Nest Wilderness Area. The court first holds that it will ...

The court holds that the Federal Water Pollution Control Act (FWPCA) does not preempt a county ordinance banning land application of sewage sludge on agricultural lands. Plaintiff farmers challenged the ordinance because they would like to apply sewage sludge to their land. The court first holds tha...

The court holds that a scrap metal processing company, its owner, and several companies that sold it used equipment are liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs the United States incurred during a removal action at the process...

The court holds that nonsettling potentially responsible parties (PRPs) under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may intervene as of right under Fed. R. Civ. P. 24(a)(2) to oppose a consent decree between the U.S. government and settling PRPs ...

The court holds that the current owners and operators of a gold mine may be held liable under the Federal Water Pollution Control Act (FWPCA) for acid mine drainage allegedly emanating from an overburden pile defendants placed in an arroyo, but they may not be held liable under the Resource Conserva...

The court holds that the U.S. Forest Service must complete a supplemental environmental assessment (EA) under the National Environmental Policy Act (NEPA) for a proposed timber sale in the Wenatchee National Forest, and enjoins the sale until the EA is complete. The court first holds that the Forest...

The court refuses to dismiss the federal government's charges against individuals for allegedly conspiring to violate the Resource Conservation and Recovery Act (RCRA) and for allegedly illegally disposing of hazardous waste and contaminated solvent mixtures. The court first denies a motion to postp...

The court holds that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) and the Alaska National Interest Lands Conservation Act (ANILCA) by failing to prepare a supplemental environmental impact statement (EIS) before offering to sell timber that previously was to be sold ...

The court holds that the U.S. government is not liable as an operator or arranger under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs arising from the cleanup of dioxin and other waste from a private party's production of herbicides, i...