The court holds that the holder of an easement over contaminated property is not liable as an owner or operator under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or §12 of the Michigan Environmental Response Act (MERA). The easement holder and the hol...

The court affirms the conviction of a laboratory manager who violated §103(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by failing to notify federal authorities of the release of a reportable quantity of sodium hypochlorite, a hazardous substance, from...

The court holds that the Marine Mammal Protection Act (MMPA) and the regulations implementing it do not make it a crime to take reasonable steps to deter porpoises from eating fish or bait off a fisherman's line. Defendant was convicted of "taking" a marine mammal in violation of MMPA §102(a)(2)(A)...

The court holds that the president of a company that imported and resold foreign automobiles is liable for violations of Clean Air Act (CAA) §203, which prohibits the importation of new motor vehicles not covered by a certificate of conformity issued by the U.S. Environmental Protection Agency. The...

The court affirms the jury convictions of a business owner for knowingly disposing of hazardous waste without a permit in violation of §3008(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA) and for failing to report the release of a hazardous substance as required by §103 of the Compr...

The court holds that the possible personal liability of a company's officer and director under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not bar the officer/director's claim against the company's successor for indemnification under the predecessor's byla...

The court denies the federal government's motion to strike equitable defenses in its action for cost recovery under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and for recovery of costs it incurred when a contaminated site owner allegedly violated t...

The court approves a proposed consent decree in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action resulting from early settlement negotiations between the United States, California, and local governmental entities over the objection of nonsettling private defend...

The court upholds a Special Master's decisions on several pretrial motions in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action against an electronics company and several chemical companies for response costs and natural resource damages caused by their re...

The court upholds two $12,000 civil penalties that the National Oceanic and Atmospheric Administration (NOAA) assessed against a shrimp trawler under §11(a) of the Endangered Species Act for knowingly failing to use turtle excluder devices that federal regulations require. In two separate cases, NO...