The court holds that equitable considerations cannot be introduced into the liability phase of a government cost recovery action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that the only defenses to liability in a §107(a) ...

The court holds that a purchaser of a company's assets who did not know of, and was not responsible for, the transfer of hazardous wastes to a landfill is not a corporate successor and, therefore, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ...

The court holds that the Federal Water Pollution Control Act (FWPCA) §309(c)(3)'s criminal sanction for knowingly violating FWPCA pretreatment standards and thereby placing another person in imminent danger of death or serious injury does not apply when the imminent danger is to employees handling ...

The court affirms a district court decision granting summary judgment against the sole stockholder and a former president of an electrical transformer repair company, and against the company's successor, for contribution claims by the United States under §107 of the Comprehensive Environmental Resp...

The court upholds an individual's conviction under the Endangered Species Act (ESA) §9(a)(1)(F) for offering for sale in interstate and foreign commerce a Siberian tiger skin rug and for selling in interstate commerce a Bengal tiger skin rug. The court first holds that the evidence sufficiently sup...

The court reverses a district court ruling that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h)'s preenforcement review bar prohibits a state from enforcing hazardous waste regulations, which implement the Resource Conservation and Recovery Act (RCRA), at a fe...

The court upholds the criminal conviction of an individual federal employee acting within the course and scope of his employment for violating the Federal Water Pollution Control Act (FWPCA) by knowingly discharging a pollutant jet fuel into the surface waters of the United States. The court holds t...

The court strikes de minimis, equitable, and prosecutorial defenses asserted by defendants in an action by the United States under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and reinstates the defendants' ambient defense within certain parameters. Th...

The court vacates a U.S. Navy civilian employee's criminal sentence for aiding and abetting the illegal disposal of methyl isocynate in violation of §3008(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA), and remands for resentencing because the district court failed to make sufficient...

The court, which previously stayed this case pending EPA's promulgation of its lender liability rule interpreting the secured creditor liability exemption under §101(20)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), denies both the government's and the co...