The court holds that the U.S. Forest Service's (Service's) final environmental impact statement (EIS) for proposed road construction projects and timber sales, for the purpose of salvaging stands of beetle-infested lodgepole pine in the Kootenai National Forest in Montana, was adequate under the Nat...
The court modifies a prior judgment at 23 ELR 20879 that New York's adoption of California vehicle emission standards for model year 1995 vehicles without regulation of fuel content violates the "undue burdens" and "third-vehicle" prohibitions and the two-year leadtime requirement under Clean Air Ac...
The court upholds New York's adoption of California's rules regulating automobile tailpipe emissions. Under §177 of the Clean Air Act (CAA), states are permitted to adopt California's automobile emissions standards if the state's standards are identical to the California standards for which a waive...
The court upholds the U.S. Forest Service's (Forest Service's) decision not to use settlement funds to rebuild a concession facility that was destroyed by fire. The court first holds that the Forest Service's actions under 16 U.S.C. §579c, which governs the availability of settlement funds to the F...
The court holds that contractors hired to clean up hazardous waste containing polychlorinated biphenyls (PCBs) can be held liable as operators under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first dismisses the facility owner's commo...
The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state tort claims against a chemical manufacturer for failure to warn to the extent that the claims arose after the effective date of the Act's labeling provision. Since FIFRA contains an express provision ...
The court holds that fact issues preclude summary judgment on the application of limitations periods to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and common-law claims against the former owner of an outdated power plant by the current owner relating to demoli...
The court holds that an action by property owners in federal court alleging that a city's withdrawal of water from an artificial lake on their property constitutes an unconstitutional taking is not ripe for review. The previous owner of the land had granted the state an easement for construction of ...
The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h)'s timing-of-review provision bars citizen suits challenging the Agency for Toxic Substances and Disease Registry's (ATSDR's) alleged failure to perform a final health assessment for the Hanfo...
The court holds that a city may not bring an action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs as a "state," or a Resource Conservation and Recovery Act (RCRA) citizen suit in a state authorized to enforce its own hazardous waste progr...