The court holds that a consent decree between the United States and a group of three owners of a contaminated site bars a claim asserted by another owner of the site under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The U.S. Environmental Protection A...

The court holds that a parent corporation incurs operator liability under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the conduct of its subsidiary only when the requirements necessary to pierce the corporate veil are met. A state environment...

The court holds that a jet-engine manufacturing company is liable as a generator under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs the U.S. Environmental Protection Agency (EPA) incurred cleaning up the Davis Liquid Waste site in Smithfield, ...

The court orders a district court to reassess penalties assessed under the Resource Conservation and Recovery Act (RCRA) against a housewares manufacturer for violating financial responsibility regulations and a U.S. Environmental Protection Agency (EPA) consent order relating to the closure of the ...

The court holds that res judicata bars a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action that the U.S. Environmental Protection Agency (EPA) brought against a refining company that EPA previously sued under the Federal Water Pollution Control Act (...

The court affirms an individual's convictions under the Lacey Act, 16 U.S.C. §§3372-3373, for conspiring to sell alligator snapping turtles and under the Endangered Species Act for selling, possessing, and transporting Alabama red-bellied turtles, a listed endangered species. The court first holds...

The court affirms the "lesser included" misdemeanor convictions of a company and an individual that purchased caviar made from illegally obtained Columbia River sturgeon roe for negligently violating and conspiring to violate the Lacey Act, and holds that the district court did not err by instructin...

The court affirms an individual's conviction under Federal Water Pollution Control Act (FWPCA) §309(c)(2)(A) and (c)(4) for knowingly falsifying monitoring reports and knowingly violating a wastewater discharge permit and affirms his conviction under 18 U.S.C. §371 for conspiring to do so. The cou...

The court holds that the United States and California are not immune from several counterclaims and third-party claims that the corporate successor to a prior owner of a copper, gold, pyrite, and zinc mine subject to a federal cleanup filed against them under the Comprehensive Environmental Response...

The court holds that U.S. filing of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery action lifts CERCLA §113(h)'s bar to judicial review of the underlying response action and renders ripe for review the U.S. Environmental Protection Agency's (EPA...