The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law inadequate labeling or warnings claims a consumer brought against the manufacturer of an acid cleaner to which the consumer had an allergic reaction. The court first notes that the federal circuit...

The court holds that a demolition contractor that allegedly failed to issue a notice of intent to demolish a condemned garage, to wet asbestos during the demolition, and to prevent the discharge of visible emissions of asbestos, did not violate the 1988 asbestos national emissions standards for haza...

The court holds that a genuine issue of material fact as to whether prior owners of a contaminated site and their paint company tenant were responsible persons under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) precludes summary judgment on their liability. The ...

The court holds that there are no genuine issues of material fact in a Resource Conservation and Recovery Act (RCRA) citizen suit brought by former employees at the "Groom Lake" classified U.S. Air Force facility alleging that the U.S. Environmental Protection Agency (EPA) violated RCRA by failing t...

The court holds that a municipal potentially responsible party may assert a common-law negligence claim against a response-action contractor, but must bring a contribution claim, rather than a cost recovery claim, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCL...

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the National Environmental Policy Act (NEPA) when it failed to discuss in a supplemental environmental impact statement (SEIS) its transportation program for endangered and threatened salmon species in the Columbia and...

The court holds that potentially responsible parties (PRPs) may bring cost recovery actions under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if they incurred necessary response costs. The United States sought to recover cleanup costs under CERCLA f...

The court holds that a seller of contaminated property did not contractually transfer its environmental liability to the buyer and that the seller is subject to New Jersey's Environmental Cleanup Responsibility Act (ECRA), but that the buyer's claim against the seller for cleanup costs is time barre...

The court holds that 28 U.S.C. §2401's six-year statute of limitations does not bar a Federal Water Pollution Control Act §505(a)(2) citizen suit to compel the U.S. Environmental Protection Agency (EPA) to establish total maximum daily loads (TMDLs) for water quality limited segments in New York S...

The court holds time barred an action under the Connecticut Product Liability Act (CPLA) by the owner of a building in which an asbestos-containing fireproofing material was installed, because the owner did not sue the asbestos product's manufacturer within three years of learning that abatement was...