The court holds that the Tennessee statute of repose is preempted by §309 of the Comprehensive Environmental Response, Compensation, and Liability Act, added by the 1986 Superfund amendments, with regard to actions for damages involving exposure to hazardous substances. The court holds that the sta...

The court holds that the past and present owners of the Tyson's Lagoons dumpsite in Pennsylvania and companies that disposed of industrial wastes there are responsible parties (RPs) liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the Environmenta...

In a per curiam opinion, the court holds that Suffolk County's resolutions not to participate in off-site emergency evacuation planning for a proposed nuclear power plant do not violate and are not preempted by the Atomic Energy Act, the Supremacy Clause, or 42 U.S.C. §1983. The resolutions do not ...

The court holds that cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that were incurred after the expiration of an insurance policy are recoverable under the policy where disposal and environmental contamination took place during the policy peri...

The court rules that the Federal Water Pollution Control Act's (FWPCA's) citizen suit provisions are constitutional, the provisions are satisfied if notice is provided to the government of some of the violations to be alleged and the remaining violations are similar, and continuous permit violations...

The court holds that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act (NEPA) in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spoil material from the project. Plaintiff landowner...

In a per curiam opinion, the court affirms the district court's holding that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spo...

The court holds that a challenge to orders issued by the Nuclear Regulatory Commission (NRC) authorizing low-power testing at the Shoreham nuclear power plant in New York was mooted when the low-power testing was conducted. The court therefore does not reach claims raised by Suffolk County and the g...

The court holds that the issuance of an Environmental Protection Agency (EPA) order under the Comprehensive Environmental Response, Compensation, and Liability Act requiring access to private property does not constitute a taking without just compensation in violation of the Fifth Amendment. EPA iss...

The court holds that the Eleventh Amendment does not bar Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost claims against the California State Lands Commission. Although the Eleventh Amendment grants sovereign immunity to states in federal court, Congress c...