The court holds that a cement manufacturer violated the Hawaii state implementation plan (SIP) and the Clean Air Act (CAA) by emitting fugitive dust in excess of the SIP limit and by failing to take reasonable precautions to prevent dust from becoming airborne or from crossing its property boundary ...

The court holds that the U.S. Environmental Protection Agency (EPA) provided adequate notice and opportunity to comment on a final EPA rule that applied land disposal restrictions (LDRs) to contaminated soils and denies an industry group's petition for review of the rule. EPA issued a notice of prop...

The court holds that a state court finding that a former gasoline station was contaminated by benzene does not collaterally estop the station vendor from litigating whether the benzene contamination may present an imminent and substantial endangerment to health or the environment under the Resource ...

The court holds that evidence and statements state environmental and police investigators allegedly obtained in violation of the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution need not be excluded in an action by owners of a contaminated property to recover cleanup costs from a ne...

The court holds that the U.S. Departments of State and Commerce may not allow entry into the United States of any shrimp or products from shrimp harvested in the wild by citizens or vessels of nations that have not been certified in accordance with §609 of the Departments of Commerce, Justice, and ...

The court holds that under §4(b)(6)(A) of the Endangered Species Act (ESA), the Secretary of Commerce has one year from the date of a proposed rule to list a species as endangered or threatened to publish a final rule, withdraw the proposed rule, or extend the one-year period. Environmental and fis...

The court holds that under Vermont law, a Rails-to-Trails Act conversion of an abandoned railroad right-of-way to a public recreational hiking and biking trail is a taking of the underlying fee simple estate. The court first holds that the trial court was correct in finding that the 1899 transfers o...

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to list the Alexander Archipelago wolf as an endangered species was incorrectly based on future expectations of forest management and not solely on the basis of the best scientific and commercial data. Although the FWS mad...

The court holds that federal and state governments may not sue a city for failing to release public information required by an industrial pretreatment program (IPP) if the IPP was never adopted into a national pollution discharge elimination system (NPDES) permit. Michigan granted Detroit an NPDES p...

The court rules on motions to dismiss claims that a sanitary landfill owner and related corporations brought against hazardous-waste generators that disposed of their waste at the landfill. The court first holds that plaintiffs may sue the generators under §107 of the Comprehensive Environmental Re...