The court affirms a district court ruling that ventilation buildings in plans for Boston's central artery/tunnel project, which will vent underground highway and tunnel automobile emissions, are indirect sources under the Clean Air Act (CAA), and not stationary sources subject to the Act's preconstr...
The court affirms a district court's denial of a preliminary injunction that would have prevented the U.S. Forest Service from proceeding with two proposed timber sales in the Ouachita National Forest, and holds that an environmental group and the state of Arkansas lack standing to challenge the lan...
The court affirms a district court decision upholding the U.S. Forest Service's (Forest Service's) refusal to consider classifying part of the Colville National Forest as wilderness before approving a timber sale, but reverses the district court's denial of an injunction barring the sale until the F...
The court holds that the seller of an animal health products business is contractually liable to the purchaser of the business for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs attributable to the seller's conduct of the business. Under the purchase ag...
The court grants a mine company's request for a preliminary injunction to prevent the U.S. Environmental Protection Agency (EPA or the Agency) and the Office of Surface Mining Reclamation and Enforcement (OSM) from acting to stop the company from pumping contaminated water from its flooded mine into...
The court grants a stay pending appeal with respect to that part of a preliminary injunction that barred the U.S. Environmental Protection Agency (EPA) from stopping a mine operator from pumping contaminated water into streams in the area surrounding the operator's flooded mine. The court denies the...
The court holds that a district court lacked jurisdiction to nullify a cessation order the U.S. Office of Surface Mining, Reclamation, and Enforcement (OSM) issued under §521(a) of the Surface Mining Control and Reclamation Act (SMCRA), and to enjoin the U.S. Environmental Protection Agency (EPA) f...
The Court holds that Washington State may include minimum stream flow requirements intended to protect migrating salmon and trout in a hydroelectric project's certification under §401 of the Federal Water Pollution Control Act (FWPCA) insofar as necessary to enforce a designated use contained in a ...
The court denies motions for summary judgment on liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of the son, grandchildren, and executors of the wills of past owners of the contaminated site of a Massachusetts manufacturing facility. The court first...
The court holds that the U.S.Environmental Protection Agency (EPA) has authority under the Resource Conservation and Recovery Act (RCRA) to regulate the land disposal of K061 electronic arc furnace dust and to set a treatment standard for zinc. EPA's K061 treatment rule establishes numerical treatme...