The court holds it does not have jurisdiction to review a pretrial discovery protective order prohibiting the release of a report by the state of New York on chemical emissions in appellee's New Jersey smelting plant owned by appellee, and that although it does have jurisdiction to consider a petiti...

In a citizen enforcement suit, the court holds that defendant has raised no valid defense against liability for violations of the Federal Water Pollution Control Act. After reviewing the framework of the Act and plaintiffs' allegations, the court holds first that plaintiffs have standing. It rejects...

The court holds that the Eleventh Amendment bars an action against a state agency to enforce a federal statutory right, that private enforcement actions under 42 U.S.C. §1983 are foreclosed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and that a California beetle eradicati...

In a Federal Water Pollution Control Act citizen suit, the court holds that plaintiffs gave adequate notice and have standing, and that the suit may address past violations. The court first holds that the notice to defendants was adequate even though it was served on the company's president and plan...

Ruling on motions for partial summary judgment on liability, the court holds that buyers of a hazardous waste site who did not allow further waste to be disposed of and who took steps to avoid further releases could be insulated from Comprehensive Environmental Response, Compensation, and Liability ...

The court holds that a hazardous waste site owner's secured creditors, including one who foreclosed on the site, may be held liable for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) only if they exercised control over the nuts-and-bo...

The court rules that the Corps of Engineers' Final Supplemental Environmental Impact Statement (FSEIS) for the Westway highway project was inadequate, that its issuance of a landfill permit for the project was arbitrary and capricious, and that the district court abused its discretion in conducting ...

The court holds that the federal government may seek an injunction and penalties against an alleged violator of the Clean Air Act even though the violations were addressed in a state agency consent order. The court declines to invoke the Colorado River doctrine to abstain from the dispute. The court...

In three consolidated Federal Water Pollution Control Act citizen actions, the court holds that plaintiff has standing, that the suit is governed by a five-year statute of limitations, that the suit is not barred by a concurrent state administrative proceeding, and that plaintiff may seek relief for...

The court rules that the Forest Service's Capital Investment Road and Bridge Program (CIP) is not a proposal for federal action requiring a programmatic environmental impact statement (EIS) under the National Environmental Policy Act (NEPA), nor is it a substantive program requiring public comment u...