The court holds that a bank holding a mortgage on property located within a Superfund site may not intervene as of right under the Federal Rule of Civil Procedure 24(a)(2) or §113(i) of the Comprehensive Environmental Response, Compensation, and Liability Act in a suit by the United States to recov...

The court holds that once the U.S. Environmental Protection Agency (EPA) files a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery action against a potentially responsible party (PRP) to recover initial expenditures at a contaminated site, a district ...

The court holds that §105(b) of the Marine Protection, Research, and Sanctuaries Act (MPRSA), which imposes criminal liability on an individual that knowingly violates the Act, merely requires that the actions constitute the offense, in this case the dumping of obnoxious material into the ocean, be...

The court approves Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) private-party settlements and holds that they bar contribution claims brought by the nonsettling defendants against the settling defendants, but the liability of the nonsettlors will be reduced by the e...

The court denies a dissolved corporation's motion for summary judgment in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit for contribution and response costs brought by the current owner of a contaminated site. In 1983, the deceased owner of 91% interest in the ...

The court holds that a company that incurred response costs at the Fort Wayne Reduction site in Allen County, Indiana, pursuant to a U.S. Environmental Protection Agency (EPA) consent decree, may bring an independent Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §10...

The court holds that misconduct by attorneys for the United States in concealing a material witness' misrepresentations regarding his academic credentials did not warrant a district court's dismissal of the government's cost recovery suit under the Comprehensive Environmental Response, Compensation,...

The court holds that several oil companies that are the successors in interest to companies that generated acid sludge byproducts while producing aviation fuel during World War II under contract with the United States, and the current owner of part of the sludge disposal site, are liable under §107...

The court reverses a district court decision upholding condemnation of only 6.7 of 16.03 acres of land that the Secretary of the Interior decided to condemn for the Appalachian National Scenic Trail, and remands the case to the district court for a determination of just compensation. The court first...

The court affirms an individual's conviction under the Migratory Bird Treaty Act (MBTA) for possessing bald eagle feathers that she received in the mail from a friend travelling in Canada. Addressing defendant's assertion that she lacked any criminal scienter, the court first holds that although the...