The court holds that nonsettling potentially responsible parties (PRPs) under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may intervene as of right under Fed. R. Civ. P. 24(a)(2) to oppose a consent decree between the U.S. government and settling PRPs ...

The court holds that the current owners and operators of a gold mine may be held liable under the Federal Water Pollution Control Act (FWPCA) for acid mine drainage allegedly emanating from an overburden pile defendants placed in an arroyo, but they may not be held liable under the Resource Conserva...

The court holds that the U.S. Forest Service must complete a supplemental environmental assessment (EA) under the National Environmental Policy Act (NEPA) for a proposed timber sale in the Wenatchee National Forest, and enjoins the sale until the EA is complete. The court first holds that the Forest...

The court refuses to dismiss the federal government's charges against individuals for allegedly conspiring to violate the Resource Conservation and Recovery Act (RCRA) and for allegedly illegally disposing of hazardous waste and contaminated solvent mixtures. The court first denies a motion to postp...

The court holds that the U.S. Forest Service violated the National Environmental Policy Act (NEPA) and the Alaska National Interest Lands Conservation Act (ANILCA) by failing to prepare a supplemental environmental impact statement (EIS) before offering to sell timber that previously was to be sold ...

The court holds that the U.S. government is not liable as an operator or arranger under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs arising from the cleanup of dioxin and other waste from a private party's production of herbicides, i...

The court holds that a deceased potentially responsible party's (PRP's) estate may be held liable under a trust fund theory when the decedent died during the pendency of a government cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The co...

The court holds that a district court apportionment of a chrome electroplating facility operator's liability under the Comprehensive Environmental Response, Compensation, and Liability Act for the costs of cleaning up chronium contamination in the Trinity Aquifer was erroneous. In an earlier appeal,...

The Court holds that for purposes of determining when the five-year statute of limitations under 28 U.S.C. §2462 begins to run in reference to a Federal Water Pollution Control Act (FWPCA) civil enforcement action, the discharge of fill materials into waters of the United States in violation of FWP...

The court dismisses for lack of adequate notice an environmental group's Federal Water Pollution Control Act (FWPCA) §505 citizen suit against a hospital for alleged violations of its state pollutant discharge elimination system permit at a sewage treatment plant it operates. The court holds that t...