The court holds that a city pollution control official did not violate the Fourth Amendment to the U.S. Constitution by searching a building allegedly undergoing asbestos removal without obtaining a warrant or the building owner's consent. The official conducted two searches of the building on the s...

The court holds that the McCarran Amendment waives U.S. sovereign immunity to an adjudication of water rights in Oregon's Klamath River Basin that involves administrative and judicial determinations. The McCarran Amendment consents to the joinder of the United States as a defendant in any suit for t...

The court affirms an individual's conviction for violating U.S. Department of Agriculture (USDA) regulation 36 C.F.R. §261.3(a) and (c) by interfering with two U.S. Forest Service law enforcement officers who were carrying out their official duties on land adjacent to the Nez Perce National Forest ...

The court holds that three sloughs in North Dakota are isolated wetlands subject to Federal Water Pollution Control Act (FWPCA) jurisdiction and that genuine issues of material fact preclude summary judgment on whether work a county performed on a drainage ditch that bisects the sloughs was exempt f...

The court denies a motion to reconsider its decision that a company that incurred response costs at an Indiana site pursuant to a U.S. Environmental Protection Agency consent decree may bring a cost recovery action against nonsettling, third-party defendants under §107 of the Comprehensive Environm...

The court holds that two defendants convicted of storing hazardous waste without a permit in violation of §3008(d)(2) of the Resource Conservation and Recovery Act and of operating a waste-water treatment facility in violation of §§307(d) and 309(c)(4) of the Federal Water Pollution Control Act v...

The court holds that a corporation's sole shareholder and its two parent corporation's which had authority to control the subsidiary's operations are each directly liable as an "arranger" under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the ...

The court holds that absent modification of a national pollutant discharge elimination system (NPDES) permit, a municipal wastewater treatment plant may not consider the state environmental agency director's findings and orders as a suspension of effluent limitations or a justification of exceedance...

The court enters a consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) among the United States, Missouri, and several potentially responsible parties (PRPs) at the Missouri Electric Works, Inc. Superfund site in Cape Giradeau, Missouri. The court f...

The court holds that an oil field contractor, which sold oil skimmings to a reclamation company whose property poses an imminent and substantial endangerment to human health and the environment, is liable under §7003 of the Resource Conservation and Recovery Act (RCRA) as a solid waste transporter ...