The court held that lawsuits filed by California and New Hampshire against corporations that manufactured, refined, marketed, or distributed gasoline containing methyl tertiary butyl ether must be remanded to their respective state courts for adjudication. The cases were originally filed in state co...

The court held that the U.S. Army Corps of Engineers violated the Clean Water Act (CWA) in issuing a permit that allows a mining company to discharge 210,000 gallons of slurry per day from the company's "froth-flotation mill" into Lower Slate Lake, a 23-acre lake in the Tongass National Forest in Al...

The court dismissed a town's nuisance claim against the owners of an national priorities list site in Illinois. An interim consent order required the owners to complete a remedial investigation and feasibility study and to take remedial action at the site. The town was not a party to the interim con...

The court held that a lower court erred when it reversed a state environmental agency's decision to issue a national pollutant discharge elimination system (NPDES) permit for a proposed wastewater treatment plant. The plant's discharge would flow into a body of water with impaired status under the C...

The court held that certain property a country club purchased and leased from a chemical company no longer remains subject to a deed restriction and right of first refusal in the company's favor. The case arose after the club sought to sell some of its property free and clear of the deed restriction...

The D.C. Circuit dismissed a petition for review of the addition of several chemicals to a list of dangerous chemicals published by a private group of industrial hygienists. Industry groups argued that publication of the privately created list effectively amended the OSHA's Hazard Communication Stan...

The court held that New York's contribution statute may not be used as a surrogate for seeking contribution under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). A utility company commenced this action seeking to recover expenses it incurred remediating 24 hazardous w...

The court held that two utility companies are not liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for polychlorinated biphenyl (PCB) contamination at the Missouri Electric Works Superfund site in Cape Girardeau, Missouri. The companies sold electrical tran...

A district court granted a company's motion to reconsider its as-applied constitutional challenge to a unilateral administrative order issued by the U.S. Environmental Protection Agency (EPA) against it directing the company to perform cleanup activities at an airport. The court initially dismissed ...

A district court held that the former employee of an electroplating and metal finishing business was liable as an operator under §107(a)(2) of CERCLA for the cost of removal of hazardous waste at the Meadowlands Plating and Finishing site in New Jersey. The United States and the employee stipul...