The court upholds a district court's decision that a bank, which mortgaged property may not use the innocent purchaser defense and must allow the former owner, who constructed a levee on the property in violation of §404 of the Federal Water Pollution Control Act (FWPCA) access to the land in order...

The court holds that companies that sent scrap materials to the Metcoa Radiation site in Pulaski, Pennsylvania, arranged for the treatment and disposal of hazardous substances, and thus are liable under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...

In a government cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) involving the disposal of fly ash from coal production, the court holds that passive migration of pollutants from barrels at a hazardous waste site does not trigger CERCLA li...

The court upholds a district court's judgment finding a husband and wife strictly liable under the Federal Water Pollution Control Act (FWPCA) for discharging fill material into wetlands on their property without a §404 permit, and denies their appeal of various orders granting the government injun...

The court holds that its review of the U.S. Environmental Protection Agency's (EPA's) decision to install an alternative water supply and implement a pump and groundwater treatment system for the contaminated plume at two national priorities list sites in New Jersey is limited to whether the remedy ...

The court holds that general partners in a coal mining partnership that is liable for reclamation fees are "operators" under the Surface Mining Control and Reclamation Act (SMCRA) §701(13) and are liable for the payment of unpaid reclamation fees under the SMCRA §402(a), and such fees are not disc...

The court holds that government oversight costs incurred in monitoring a private hazardous waste cleanup under the Resource Conservation and Recovery Act (RCRA) are not recoverable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court applies a ...

The court holds that the Administrator of the U.S. Environmental Protection Agency (EPA) properly assessed Class II penalties against a landowner charged in an administrative complaint under the Federal Water Pollution Control Act (FWPCA) with reimpounding freshwater tidal wetlands without an FWPCA ...

The court holds that natural gas condensate that was destined to be burned for energy recovery was not hazardous waste under the Resource Conservation and Recovery Act (RCRA) in 1987, reversing criminal convictions based on the hazardous status of natural gas condensate and affirming other convictio...

The court imposes a $2,333,761 penalty under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against potentially responsible parties (PRPs) for past U.S. response costs incurred at the Taylor Borough hazardous waste site near Scranton, Pennsylvania. Under a previou...