The court holds that it has subject matter jurisdiction over an environmental organization's action against a Colorado chemical corporation for damages and injunctive and declaratory relief under the Resource Conservation and Recovery Act (RCRA). Adopting the reasoning of the court in United States ...

The court holds that the U.S. Department of Energy (DOE) violated the Resource Conservation and Recovery Act (RCRA) by storing mixed residues without a RCRA permit at the Rocky Flats Nuclear Weapons Plant in Colorado, and that DOE must obtain a permit for the illegally stored mixed residues within t...

The court holds that an environmental organization is entitled to $23,864.29 in attorney fees and litigation costs as a substantially prevailing party in a citizen suit under the Resource Conservation and Recovery Act (RCRA) to close two fluidized bed incinerators at the Department of Energy's (DOE'...

The court holds that the California Highway Commission and the U.S. Department of Transportation's (DOT's) plan to redesign a road did not constructively use park land, which would require a study under §4(f) of the Department of Transportation Act, where the road and the park were jointly planned....

The court holds that the Department of the Interior's Interior Board of Land Appeal's (IBLA's) decision upholding the Bureau of Land Management's (BLM's) finding of no significant impact (FONSI) under the National Environmental Policy Act (NEPA) for a Utah county's plan to improve a road segment run...

The court holds that an environmental group's challenge to the Forest Service's land and resource management plan for the Ouachita National Forest in Arkansas should not be dismissed for failure to exhaust administrative remedies, or for lack of standing or ripeness. The court holds that the Forest ...

The court holds that the Trans-Alaska Pipeline Authorization Act's (TAPAA's or the Act's) strict liability scheme requires payment from the Trans-Alaska Pipeline Liability Fund (the Fund) for damages resulting from the February 1990 tanker spill of crude oil offshore Huntington Beach, California, an...

The court upholds the Environmental Protection Agency's (EPA's) high-volume and low-hazard criteria rules promulgated for implementing the "special waste" exemption under Subtitle C of the Resource Conservation and Recovery Act (RCRA), which deal with RCRA's applicability to mine processing wastes. ...

The court rules that the petroleum exclusion in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) covers all forms of petroleum, including crude oil and its fractions, petroleum fuels and oils, and other refined petroleum products. The exclusion applies even if CERCL...

The court rules that a state is not an "operator" within the meaning of §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) when it acts solely in its statutory capacity to clean up a hazardous waste site. The New York Department of Environmental Conservation ...