The court in its discretion declines to grant the United States summary judgment on defendant generators' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 counterclaim against a U.S. agency even though defendants have only proved that the agency's wastes were tran...

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes liability for response costs incurred before promulgation of the National Contingency Plan (NCP), but not prior to enactment of CERCLA. The court rules that CERCLA does not impose...

The court holds that waste fuel oil sludge and biological sludge are not, as a matter of law, excluded from the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) definition of "hazardous substance" simply because, as to the former, CERCLA exempts petroleum, and as to...

The court upholds the Department of Energy's (DOE's) spent Nuclear fuel fee rule, promulgated under §302(a)(3) of the Nuclear Waste Policy Act of 1982 (NWPA). First, the court holds that it has jurisdiction to review §302 rules, stating that the requirement for circuit court review of rules in §1...

The court rules that the imminent hazard provision in §7003 of the Resource Conservation and Recovery Act (RCRA) applies to inactive hazardous waste sites. The court rules that the district court, 13 ELR 20286, erred in limiting §7003 to hazards caused by current human activities. Section 7003's p...

The court rules that the National Institutes of Health (NIH) amended its regulations to allow approval of releases of recombinant deoxyribonucleic acid (DNA), embarked on an ad hoc program of approving such releases, and approved a specific release by the University of California, all without undert...

The court rules that a manufacturer of polychlorinated biphenyls (PCBs) has no liability for indemnity or contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA) to a PCB user that faces liability for ...

The court rules that mining wastes exempted from regulation under the Resource Conservation and Recovery Act (RCRA) are covered by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if they are listed under other statutes incorporated by reference in CERCLA's definiti...

The court rules that private party recovery of response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is limited to cases where the government has initiated a response action. The court first holds that plaintiff's claim for a declaratory jud...

In an opinion subscribed to by all six Justices participating, the Court holds that the Environmental Protection Agency's (EPA's) nonattainment area program rules under the Clean Air Act, which define stationary "source" so as to allow states to treat all pollution-emitting points in a single indust...