A district court dismissed the U.S. action against a utility and its subcontractor to recover response costs incurred at the MacGillis and Gibbs/Bell Lumber & Pole Superfund site in New Brighton, Minnesota. In the autumn of 2000, the forcemains at the site constructed by the U.S. Environmental Prote...

A district court held that the U.S. Forest Service complied with the National Environmental Policy Act and its implementing regulations when it issued environmental assessments in its decision to reissue two special use permits allowing snowmobiling and helicopter skiing in the Okanogan National For...

A district court granted an oil company's motion to strike a report submitted by individuals' expert witness and denied the individuals' motions for reconsideration of the court's previous summary judgment decision concerning liability for response costs the company incurred cleaning up environmenta...

The D.C. Circuit denied a company's petition challenging the U.S. Environmental Protection Agency's (EPA's) decision to place it on the national priorities list. Neither EPA's interpretation nor its application of the disputed regulation was unreasonable. Further, EPA reviewed the data the company s...

A district court, in a dispute concerning who should pay to clean up contamination at the Armour Road Superfund site in Missouri, allocated 90% of a potentially responsible party's (PRP's) past response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), f...

A California district court upheld the environmental reviews performed by the Bureau of Indian Affairs and the National Indian Gaming Commission in connection with the proposed construction of a hotel and gaming facility on an Indian reservation and an interchange and access road connecting the rese...

The U.S. Supreme Court holds that a private party voluntarily cleaning contaminated property may not sue to recover costs from a potentially responsible party (PRP) unless the private party had been sued or civilly compelled to clean the site under the Comprehensive Environmental Response, Compensat...

The Tenth Circuit held that owners of land adjacent to a Superfund site may not go forward with their cost-recovery action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act. The court below dismissed their claim because they were potentially responsible par...

The D.C. Circuit denies a petition for review of the U.S. Environmental Protecton Agency's (EPA's) whole effluent toxicity (WET) tests for water quality. While EPA concedes that its WET tests do not incorporate every one of its usual criteria and procedures for ensuring the scientific validity of th...

The Sixth Circuit upheld the U.S. Army Corps of Engineers' (the Corps') denial of developers' application for a construction permit. Because the wetlands on the property are separated from a tributary of "waters of the United States" only by a man-made berm or barrier, they are considered "adjacent ...