The court enters a proposed order approving settlement agreements that resolve several parties' liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred at the Fields Brook site in Ohio. A nonsettling party challenged the agreemen...

The court holds that an aerospace machine-part manufacturer and its president are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs the former owner of a neighboring property and its parent company incurred in cleaning up soil and grou...

The court holds that it lacks jurisdiction under the Federal Water Pollution Control §509(b)(1)(C) to review a U.S. Environmental Protection Agency (EPA) interpretive ruling that an electroplating company's move to a nearby building resulted in a "new source" of pollution subject to more stringent ...

The court holds that the U.S. Environmental Protection Agency (EPA) acted arbitrarily and capriciously in approving Georgia's total maximum daily load (TMDL) submission, which did not comply with Federal Water Pollution Control Act (FWPCA) requirements. Georgia submitted TMDLs over 13 years after th...

The court holds that a federal district court has subject matter jurisdiction over a dispute involving ownership of marketable emissions allowances under the Clean Air Act (CAA). A contract between an aluminum manufacturer and a power company requires the power company to supply the manufacturer wit...

The court holds that railroads that sent used bearings to a foundry are liable for 40.1 percent of the response costs incurred at the foundry site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Various landowners at the site, including the city of Portsmout...

The court holds that landowners near the Stringfellow Acid Pits are entitled to $14,500 in compensation for property that was taken when the U.S. Environmental Protection Agency (EPA) and California installed 20 wells to monitor a contaminated plume. The court determined that the incursion on the la...

The court holds that Massachusetts and state agencies violated the Endangered Species Act (ESA) by licensing commercial fishers to use gillnets and lobster gear in state waters that are critical habitat to the endangered northern right whale. The court first dismisses for lack of jurisdiction plaint...

The court approves settlements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability of customers of a foundry and certain owners of land at the foundry site to the owners of other land at the site. The court first holds that it will only address claims unde...

The court holds that a district court erred in granting summary judgment in favor of nearly 100 third-party defendants alleged to be potentially responsible parties (PRPs) in a contribution action brought by two coalitions of industrial-waste generators under the Comprehensive Environmental Response...