The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not bar preenforcement judicial review of an as-applied constitutional due-process challenge to a request the U.S. Environmental Protection Agency (EPA) made under CERCLA §104(e)...

The court affirms misdemeanor convictions of three individuals for hunting mourning doves over an area baited with scattered wheat seeds in violation of the Migratory Bird Treaty Act (MBTA), holding that there was sufficient evidence to find that the seeds had not been scattered in the course of "no...

The court holds that the former owner of an 80-acre contaminated site in Fords, New Jersey, is liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for response costs the current owner incurred cleaning up most of the site, but that the former owner is no...

The court holds that the U.S. government may recover, under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), its costs of overseeing performance of remedial actions that private parties conducted at the Dixie Oil Processors Superfund site in Texas. The cou...

The court reverses and remands a district court's grant of summary judgment for the U.S. government in actions the government brought to collect civil penalties that the National Oceanic and Atmospheric Administration (NOAA) assessed against shrimpers for violating the Endangered Species Act (ESA) b...

The court holds that a company that relines used brake shoes for use in heavy duty trucks violated Clean Air Act (CAA) §112, the asbestos national emission standards for hazardous air pollutants (NESHAP), and a U.S. Environmental Protection Agency (EPA) administrative order directing the company to...

The court vacatesand remands a district court's approval of a proposed consent decree settling the U.S. and California's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against a publicly owned sewage system and 150 local governmental entities for natural resour...

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(g)'s statute of limitation bars U.S. and California's claims for natural resources damages from a chemical company's DDT discharges and an electronics company's polychlorinated biphenyl (PCB) di...

The court holds that an owner of contaminated land may not raise for the first time on appeal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(b)(3)'s third-party defense or the "divisibility" doctrine set forth in O'Neil v. Picillo, 20 ELR 20115 (1st Cir. 1989), ...

The court grants the U.S. Environmental Protection Agency (EPA) permission to enter a refinery site and adjacent property to complete a removal action under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104. The court first holds that it lacks jurisdiction over the...