The court holds that a district court had jurisdiction under 28 U.S.C. §1345 to approve a settlement agreement between the United States and two Florida state agencies requiring the agencies to enforce state water quality standards applicable to the Everglades National Park and Loxahatchee National...

The court upholds the convictions of two defendants for aiding and abetting the possession of 47 endangered baby crocodiles that were hidden in boxes shipped from Nigeria to the United States, and of the first defendant for facilitating the transportation, concealment, or sale of the crocodiles. The...

The court holds that a proposed consent decree between the U.S. Environmental Protection Agency (EPA) and a land developer who discharged fill into 44.5 acres of wetlands without a permit in violation of the Federal Water Pollution Control Act (FWPCA) is not fair, reasonable, or in the public intere...

The court affirms the convictions of a father and son who violated §2 of the Migratory Bird Treaty Act by taking migratory mourning doves with the aid of bait. The court holds that there is sufficient evidence to support the convictions. Defendants admitted at trial that they prepared a field with ...

The court holds that open, unlined pits of oily waste at the Powder River Crude Processors site outside Glenrock, Wyoming, may present an imminent and substantial endangerment to health or the environment under §7003 of the Resource Conservation and Recovery Act (RCRA). The court holds that the U.S...

The court holds that the United States is not liable as an operator or an arranger under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its role in the production of Agent Orange at a facility in Jacksonville, Arkansas. The court holds that the United...

The court holds that the government need not prove that a business and its owner knew about the permit requirements of §3008(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA) in order to convict them of unlawfully storing hazardous waste without a permit and unlawfully disposing of haza...

The court holds that an on-site superintendent with "substantial control" over asbestos removal projects could be liable as an "operator" of the projects under the Clean Air Act (CAA) for violations of CAA §112. The court first holds that the action is not barred by the three-year, tort statute of ...

The court denies a petition for rehearing, rejects the petition for rehearing en banc, and amends its August 3, 1993, opinion, 23 ELR 21322, affirming the convictions and sentences of the manager and assistant manager of a sewage treatment plant in Hawaii for violating the Federal Water Pollution Co...

The court holds that the federal government's costs of overseeing a private remedial action are not recoverable as response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court follows the decision in United States v. Rohm & Haas Co., 23 ELR 2...