The court holds that insurers have no duty to defend their insured from third-party complaints filed by the owners, operators, and franchisor of a landfill seeking indemnification for their liability in a Resource Conservation and Recovery Act suit filed by the federal government. The court first ho...
The court holds that a city's action seeking to force the Environmental Protection Agency (EPA) to approve its plan for eliminating wastewater discharge is not a money claim over which the Claims Court has jurisdiction. EPA had objected to the plan, which would involve spreading treated wastewater e...
The court holds that a district court should have abstained from hearing a declaratory judgment action, in which a utility company involved in the disposal of polychlorinated biphenyls sought a determination that the Toxic Substances Control Act (TSCA) preempted Maryland's hazardous waste laws, wher...
The court holds that the citizen suits provisions of the Surface Mining Control and Reclamation Act (SMCRA) do not provide jurisdiction over plaintiffs' suit against officials of the Department of the Interior and the Oklahoma Department of Mines. The court rules that SMCRA §520(a)(1) applies only ...
The court rules that §520(a)(1) of the Surface Mining Control and Reclamation Act authorizes citizen suits against private or government operators that are in violation of a rule, regulation, order, or permit, but precludes suits against private operators that are in violation of the Act itself. Th...
The court rules that a pending civil environmental enforcement action brought by the United States does not limit the Environmental Protection Agency's (EPA's) inspection authority under Resource Conservation and Recovery Act §3007(a). The court rejects the argument of the operator of a hazardous w...
The court approves a preliminary settlement agreement under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) between the United States and four generator defendants. The court first reviews the procedural posture of the case and makes findings of fact concerning the...
The court holds that a corporate officer who founded one of the corporate defendants and served as its chief executive officer and majority stockholder, and was personally involved in many of the activities leading to contamination, is personally liable under CERCLA §107.
[Related opinions are pub...
The court holds that the district court erred in invalidating an Alaska native corporation's Federal Water Pollution Control Act (FWPCA) §404 permit for its log transfer facility because an environmental impact statement (EIS) did not discuss an alternative by which the corporation would exchange i...
The court holds that the Environmental Protection Agency's (EPA's) reliance on cost and technological feasibility factors in withdrawing proposed regulations governing the emissions of vinyl chloride under Clean Air Act §112 was reasonable. The court initially holds that the Natural Resources Defen...