The court affirms a district court decision upholding the Secretary of Transportation's approval of construction of the Presidential Parkway through historic properties in Atlanta, Georgia. The court holds that the district court retained jurisdiction to hear the motion for summary judgment filed by...

The court holds that plaintiffs in a private action for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cannot recover the costs of medical exams and the value of lost property, but may recover costs incurred in the destruction and rem...

The court holds that the Environmental Protection Agency (EPA) properly issued an administrative subpoena under §11(c) of the Toxic Substances Control Act (TSCA) in connection with its investigation of alleged oil discharges at Alyeska's oil loading terminal in Valdez, Alaska. At the same time that...

The court reviews the Occupational Safety and Health Administration's (OSHA's) revised permissible exposure level (PEL) for asbestos, upholding OSHA's findings concerning significant risk and feasibility but finding lack of substantial evidence to support various other aspects of the new standard. I...

The court rules that neither the Toxic Substances Control Act (TSCA) nor New Jersey's Right-to-Know Act provides a private cause of action for money damages by an injured employee. Plaintiff was injured in an explosion while cleaning a tankertrailer that contained a dangerous substance, and he now s...

The court holds that plaintiffs are barred from seeking judicial review under §526 of the Surface Mining Control and Reclamation Act (SMCRA) of the Department of the Interior's assumption of direct enforcement of SMCRA in Oklahoma, since they failed to file their complaint within 60 days of the Dep...

The court holds that the obligation of a coal company's agent to comply with an injunction issued pursuant to the Surface Mining Control and Reclamation Act requiring reclamation of an area disturbed by mining activity was discharged in the agent's liquidation bankruptcy. The court holds that defend...

The court holds a thermometer manufacturer liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 and Resource Conservation and Recovery Act (RCRA) §7002 for mercury contamination and associated costs of cleanup. The court first holds that the action is no...

The court affirms its earlier decision ruling that the 60-day notice requirement in §7002(b) of the Resource Conservation and Recovery Act (RCRA) is jurisdictional, denying a petition for rehearing and a suggestion for rehearing en banc. The plain language of §7002(b) demonstrates that 60 days' no...

The court holds that the Interstate Commerce Commission (ICC) adequately considered environmental and historical factors in deciding to permit abandonment of a railroad line. The court first holds that even if the ICC initially authorized abandonment without adequately considering environmental or h...