The court holds that a deceased potentially responsible party's (PRP's) estate may be held liable under a trust fund theory when the decedent died during the pendency of a government cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The co...

The court holds that a district court apportionment of a chrome electroplating facility operator's liability under the Comprehensive Environmental Response, Compensation, and Liability Act for the costs of cleaning up chronium contamination in the Trinity Aquifer was erroneous. In an earlier appeal,...

The Court holds that for purposes of determining when the five-year statute of limitations under 28 U.S.C. §2462 begins to run in reference to a Federal Water Pollution Control Act (FWPCA) civil enforcement action, the discharge of fill materials into waters of the United States in violation of FWP...

The court dismisses for lack of adequate notice an environmental group's Federal Water Pollution Control Act (FWPCA) §505 citizen suit against a hospital for alleged violations of its state pollutant discharge elimination system permit at a sewage treatment plant it operates. The court holds that t...

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not bar preenforcement judicial review of an as-applied constitutional due-process challenge to a request the U.S. Environmental Protection Agency (EPA) made under CERCLA §104(e)...

The court affirms misdemeanor convictions of three individuals for hunting mourning doves over an area baited with scattered wheat seeds in violation of the Migratory Bird Treaty Act (MBTA), holding that there was sufficient evidence to find that the seeds had not been scattered in the course of "no...

The court holds that the former owner of an 80-acre contaminated site in Fords, New Jersey, is liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for response costs the current owner incurred cleaning up most of the site, but that the former owner is no...

The court holds that the U.S. government may recover, under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), its costs of overseeing performance of remedial actions that private parties conducted at the Dixie Oil Processors Superfund site in Texas. The cou...

The court reverses and remands a district court's grant of summary judgment for the U.S. government in actions the government brought to collect civil penalties that the National Oceanic and Atmospheric Administration (NOAA) assessed against shrimpers for violating the Endangered Species Act (ESA) b...

The court holds that a company that relines used brake shoes for use in heavy duty trucks violated Clean Air Act (CAA) §112, the asbestos national emission standards for hazardous air pollutants (NESHAP), and a U.S. Environmental Protection Agency (EPA) administrative order directing the company to...