The court rules that state law should be used to determine the validity of agreements between private parties on the release of claims under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. Applying New York law, the court holds that a general release, executed i...

Plaintiffs are entitled to attorney fees and costs under the Equal Access to Justice Act (EAJA) for their successful suit to compel the Corps of Engineers to prepare an environmental impact statement (EIS) for shell dredging permits, because the position of the United States was not substantially ju...

The court holds that an applicant for a hazardous waste permit under the Resource Conservation and Recovery Act (RCRA) does not have standing to challenge remarks made by the Environmental Protection Agency (EPA) Regional Administrator during permit denial proceedings, concerning the scope of closur...

The court holds that the Environmental Protection Agency (EPA) was not required to measure Michigan's Clean Air Act fugitive dust emission rules against EPA's published definition of reasonably available control technology (RACT), that EPA's approval of similar rules submitted by Illinois and Wiscon...

In cost recovery and injunctive relief actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the common law of nuisance brought by the United States and Missouri, the court consolidates discovery and trial on issues of liability under CERCLA §107. The ...

The court holds that the provision of the Superfund Amendments and Reauthorization Act restricting judicial review of issues related to the appropriate remedy at hazardous waste sites to the administrative record does not apply to claims for injunctive relief under §106 of the Comprehensive Environ...

The court holds that the Surface Mining Control and Reclamation Act (SMCRA) applies to and authorizes the Department of the Interior's enforcement action against defendant's above-ground reclamation of abandoned coal mine refuse. The court first rules that defendant's mere removal of coal from above...

The court rules that a civil penalty may be assessed for a violation of Maryland's hazardous waste laws without a showing of actual harm to the environment. The court initially holds that an amendment, inserting the words "potential for harm" as one of the considerations to be applied in penalty ass...

In a Federal Water Pollution Control Act (FWPCA) citizen suit alleging that overflow from a municipal waste disposal system caused eutrophication of plaintiff's lake, the court holds that submission of plaintiff's FWPCA and nuisance claims to a jury does not preclude a trial court from granting inju...

The court rules that federal courts of appeals have original jurisdiction over actions involving the consultation and cooperation requirements of the Nuclear Waste Policy Act (NWPA or Act), and that the NWPA does not require the Secretary of Energy to consult with a state before he sends Congress hi...