The court holds that nonsettling parties that sold spent lead acid batteries to a battery recycling business are liable as arrangers under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs the settling parties incurred in cleaning up...

The court holds that members of a utility industry group may not intervene under Federal Rule of Civil Procedure 24 in an environmental group's suit to compel the U.S. Environmental Protection Agency (EPA) to promulgate revised standards of performance for NOx emissions from fossil-fueled steam-gene...

The court holds that Minnesota's submission under the Federal Water Pollution Control Act (FWPCA) of total maximum daily loads (TMDLs) for water quality limited segments (WQLSs) in the state is adequate, and thus, the U.S. Environmental Protection Agency (EPA) need not promulgate its own TMDLs for M...

The court holds that to be "in existence" for purposes of obtaining interim status under Resource Conservation and Recovery Act (RCRA) §3005(e)(1)(A)(ii), a facility's operations must be lawful as well as ongoing. An environmental group brought a RCRA §7002(a)(1)(A) citizen suit against a company ...

Having previously dismissed portions of a Resource Conservation and Recovery Act (RCRA) citizen suit for alleging violation of RCRA provisions that have been superseded by state law, and having then granted the citizen enforcer's motion to amend its complaint to assert violations of an EPA-authorize...

The court holds that the Federal Water Pollution Control Act's (FWPCA's) prohibition against discharging pollutants into navigable waters without a permit covers discharges that reach navigable waters through tributary groundwater. The court first holds it has subject matter jurisdiction over a citi...

The court holds that §309(g)(6)(A) of the Federal Water Pollution Control Act (FWPCA) bars an environmental group's citizen suit alleging that a refinery's discharges into a creek through groundwater violated FWPCA §301 and the refinery's national pollutant discharge elimination system (NPDES) per...

The court holds that a former government contractor is potentially liable for closure, under the Resource Conservation and Recovery Act (RCRA), of an incinerator at a federal facility, notwithstanding the fact that the contractor is no longer an operator of the facility. The contractor moved to be d...

The court holds that environmental groups are entitled to a preliminary injunction prohibiting the U.S. Forest Service from completing imminent timber sales and engaging in even-aged logging in Texas national forests, pending resolution of the groups' challenges under the National Forest Management ...

The court holds that two trade associations representing most of the purchasers of timber from national forests in Texas are entitled under Federal Rule of Civil Procedure 24(a) to intervene as of right in an environmental group's suit challenging the U.S. Forest Service's plan for four national for...