The court holds that the actions of the Environmental Protection Agency (EPA) in selecting and directing the method used by its contractor to neutralize a tank containing oleum sludge during a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act does not fal...

The court holds that the Environmental Protection Agency (EPA) and its contractor are liable for the property damage caused by the accidental release of an acid cloud from an oleum tank during a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act based on t...

In this action consolidating challenges by environmentalists and industry, the court holds that Environmental Protection Agency (EPA) rulemaking under the Clean Air Act (CAA) to regulate emissions from heavy-duty motor vehicles is a reasonable implementation of the CAA, but that insufficient lead ti...

The court holds that hazardous waste cleanup response costs incurred by Tennessee that would be recoverable from the debtor under the Comprehensive Environmental Response, Compensation, and Liability Act are not entitled to administrative expense priority in voluntary bankruptcy proceedings under th...

The court holds that the California Coastal Commission lacks authority under the Coastal Zone Management Act (CZMA) to issue a consistency objection to proposed activity on the outer continental shelf (OCS) based on the activity's effect on marine resources located outside the coastal zone or its ec...

The court rules that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires a pesticide registration holder to exhaust administrative remedies before going to court to cancel a competitor's registration allegedly secured by use of plaintiff's research data. FIFRA §3(c)(1)(D) grant...

On a motion for partial summary judgment on the issue of strict, joint, and several liability under §107(a) of the comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that the owners of the Medley farm site in South Carolina, who accepted and disposed by ...

On a motion for summary judgment between third party defendants to the government's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action for reimbursement of response costs incurred in connection with the cleanup of the Medley Farm site in South Carolina, the c...

The court rules that the only defenses to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability are those enumerated in §107(b). Accordingly the court grants a motion by the government under Federal Rule of Civil Procedure 12(f) to strike a corporate defendant's d...

The court holds that defendant's conversion of wetlands in the Great Cedar Swamp in Massachusetts to agricultural use without obtaining a permit from the Corps of Engineers violated §404 of the Federal Water Pollution Control Act (FWPCA) since defendant's activity did not fall within §404(f)(1)'s ...