The court upholds a logger's conviction for refusing to desist logging operations in the Six Rivers National Forest after a U.S. Forest Service officer ordered him to do so at the behest of a Forest Service representative authorized to shut down the logging operation. The court first holds that the ...

The court holds that a state environmental agency did not violate the Clean Water Act (CWA) when it repaired a dam and caused sediment to be washed downstream. The agency raised the dam to fix the plumbing of an intake pond. When the dam was raised, sediment allegedly washed downstream killing fish ...

The court vacates a polychlorinated biphenyl (PCB) risk assessment guidance document issued by the U.S. Environmental Protection Agency (EPA) because the court found it to be a rule improperly published without notice-and-comment procedures. The court first holds that the case is ripe for review. Th...

The court holds that a district court properly interpreted the Clean Water Act (CWA) in concluding that the number of violation days are a sentencing factor and not an element of the crime and, therefore, upholds the fines imposed against a scrap metal factory for illegally discharging wastewater in...

The court affirms a district court decision finding an automotive parts manufacturer liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for discharging polychlorinated biphenyls (PCBs) inito a river but declining to allocate any response costs to the manu...

The court affirms a district court decision finding the prior owner of a contaminated site liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and ordering the prior owner to pay $239,280.07 in past response costs incurred by the current owner of the site....

The court holds that a city's failure to conduct an environmental review prior to placing a measure on a ballot, which proposed the removal of 29 properties from the city's Register of Historic Landmarks, violated the California Environmental Quality Act (CEQA). The court first holds that any inform...

The court holds that indemnity provisions in sales agreements between the original owner, intermediate owner, and current owner of a Texas oil refinery are unenforceable and do not bar the current owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against t...

The court affirms in part and dismisses in part a district court order dismissing for lack of subject matter jurisdiction residents' claim that the remediation plan for three toxic waste sites in Bloomington, Indiana, does not comply with federal or state law. The residents sought declaratory and in...

The court affirms a district court holding that a taxpayer who purchased an ozone-depleting chemical (ODC) from China and then processed and sold the ODC to customers in the United States is subject to federal excise taxes. The court first holds that the taxpayer cannot take advantage of an exemptio...