The court holds that attorneys representing Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendants that own the Keystone Sanitation Landfill waived their attorney-client privilege with respect to billing statements and must provide codefendant waste generators with...

The court holds that the U.S. Environmental Protection Agency (EPA) must follow the dispute-resolution process contained in a consent decree between EPA and owners of contaminated land concerning cleanup of the owners' building and six acres. At the time the parties entered the decree, EPA planned t...

The court holds that a chemical company may be held liable as a successor corporation under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and that CERCLA §107(e)(1)'s bar on liability transfers does not shield the company from inheriting its predece...

The court vacates and remands an individual's sentence for violating §103(b) of the Comprehensive Environmental Response, Compensation, and Liability Act by failing to notify the U.S. government of a release of asbestos that took place when contractors removed boilers from his mill and dumped assoc...

The court holds that an indemnification clause in a purchase agreement for a manufacturing plant that was subsequently found to be contaminated is enforceable under §107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and applies to bar recovery of cleanup c...

The court holds that the current owner of an 80-acre contaminated site in Fords, New Jersey, attempting to recover its cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the site's former owner complied with the national contingency plan (NCP)...

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by moving part of a road from inside the boundary of a wilderness area within the Hells Canyon National Recreation Area (NRA) to outside the boundary without performing an environmental assessme...

The court holds that Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) §24(b) preempts a respiratory technician's and her husband's state-law failure to warn claims against the manufacturer of a sterilizing solution that allegedly caused the technician's health problems, but that FIFRA do...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts breach of implied warranty claims, but does not preempt claims for negligent failure to conduct adequate teesting, negligent failure to comply with FIFRA, breach of express warranty, or strict liability in ...

The court holds that the amount of shale a mining operator extracted as part of its coal mining operations counts toward the total tonnage of minerals it removed for "purposes of commercial use" thus enabling the operator to qualify for Surface Mining Control and Reclamation Act (SMCRA) §701(28)(A)...