The court holds that a general release that a commercial landlord executed in favor of its tenant bars the landlord's suit under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the tenant to recover response costs the landlord incurred cleaning ...

The court holds that tobacco trade groups and companies challenging a U.S. Environmental Protection Agency (EPA) report that classified environmental tobacco smoke as a known human carcinogen have stated a cause of action under the Administrative Procedure Act (APA). The court first holds that the r...

The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a city that is an admittedly responsible party is limited to bringing a §113(f) contribution action against another potentially responsible party (PRP) to recover response costs the city i...

The court holds that the U.S. Forest Service's supplemental information report (SIR) for a proposed timber sale in the Beaverhead National Forest, which examined the habitat fragmentation, biodiversity, and biological corridors that the sale might affect, was not arbitrary and capricious, but that t...

The court holds that the U.S. Forest Service adequately analyzed in a final supplemental environmental impact statement (SEIS) the environmental impacts of a timber harvesting project in the Dixie National Forest in Utah. The court first holds that the citizen group challenging the timber sale has s...

The court upholds the U.S. Environmental Protection Agency's (EPA) interpretation of Toxic Substances Control Act (TSCA) regulations at 40 C.F.R. §761.60 addressing disposal of dirty polychlorinated biphenyl (PCB) solvent through incineration as requiring immediate incineration of the entire mixtur...

The court holds that a prior seller of property is not liable to either the current owner of the property or other responsible parties for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or for damages under state tort law. The property in que...

The court holds that the sale of land containing a decommissioned asbestos-insulated power plant does not constitute disposal or arranging for the disposal of a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that as...

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) or the National Forest Management Act (NFMA) in deciding to implement an ecological restoration program as part of its amended land and resource management plan for the Shawnee National Forest i...

The court holds that an individual's suit to enjoin a U.S. Forest Service timber sale in the Shawnee National Forest in southern Illinois is barred for failure to exhaust administrative remedies. The Forest Service had dismissed the individual's initial administrative appeal because his notice of ap...