The court holds that a bank holding a first mortgage on contaminated property is not liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an owner or operator for expenses the current owner incurred cleaning up contamination that prior owners...

The court holds that an individual's National Environmental Policy Act (NEPA), federal civil rights, and state-law claims against current state and federal officials in connection with the Central Artery project in Boston, Massachusetts, are time barred, and the Eleventh Amendment to the U.S. Consti...

The court holds that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA) by not preparing an environmental impact statement (EIS) or consulting with the U.S. Fish and Wildlife Service before giving a logging company per...

The court holds that the focus of the divisibility of harm inquiry in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action should be on the waste as a whole, not on its individual constituents. The manufacturer used an emulsion in its manufacturing pr...

The court holds that a potentially liable municipality may bring an action against other potentially responsible parties (PRPs) under both §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover costs the town incurred remediating contaminatio...

The court vacates and remands a district court's award of attorney fees to a citizens group that obtained injunctive, but not monetary, relief against the U.S. Air Force for violating its national pollutant discharge elimination system permit at McGuire Air Force Base in New Jersey. The court first ...

The court holds that the Environmental Appeals Board (EAB) committed no procedural or substantive error in refusing to grant a publicly owned treatment works' (POTW's) request for an evidentiary hearing to challenge the requirement that it meet secondary treatment levels under the Federal Water Poll...

The court refuses to issue a temporary restraining order to halt the construction of a sewer overflow retention basin in Birmingham, Michigan. The court notes that plaintiff citizens group is seeking to substitute a system of separated sewers for the basin. The court finds that defendants considered...

The court holds that the Michigan Department of Natural Resources (MDNR) and various county and city agencies did not violate the National Environmental Policy Act (NEPA) or the Michigan Environmental Protection Act (MEPA) in approving a retention basin that will impound the city's combined sewer ov...

The court reverses a district court grant of summary judgment for the government on two child plaintiffs' tort law claims that their illnesses were caused by exposure to toxic substances that the U.S. Army deposited at a landfill that was later converted into a soccer field on which they played. The...