The court holds a lender liable under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an owner and operator at the time of hazardous substance disposal at a facility in Swainsboro, Georgia, because the actions of the lender's agents voided a CERCL...

The court affirms the conviction of a director and treasurer of a waste removal and sewer cleaning company for unlawful discharge of industrial waste in violation of §309 of the Federal Water Pollution Control Act and a local ordinance. After the court remanded the district court's initial sentence...

The court upholds jury instructions and sentence enhancement under the federal sentencing guidelines in a defendant's jury conviction for transporting and storing hazardous waste in violation of the Resource Conservation and Recovery Act (RCRA). The court first holds that the district court properly...

The court holds that a corporation's sale of electrical transformers contaminated with polychlorinated biphenyls (PCBs) did not constitute an arrangement for the disposal of hazardous substances under §107(a)(3)of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). T...

The court holds that the district court did not err in granting summary judgment to the government in an action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 to recover response costs incurred to that time, even though the court subsequently ordered i...

The court vacates and remands a district court's approval of a settlement concerning response costs sought under the Comprehensive Environmental Response, Liability, and Compensation Act, between original defendants and certain third-party defendants that asserted that they had not entered into such...

The court upholds the convictions of two managers of a propellant manufacturer under §3008(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA) and 18 U.S.C. §1001, and overturns the conviction of one manager under RCRA §3008(d)(2)(B) because a condition in a RCRA permit must be clear on...

The Court holds that the McCarran Amendment does not waive the United States' sovereign immunity in Idaho water rights adjudication proceedings for filing fees that Idaho uses to finance adjudication costs. Idaho legislation provided for a state court adjudication "within the terms of the McCarran A...

The court holds that lead parts reclaimed from spent vehicle batteries are hazardous waste under the Resource Conservation and Recovery Act (RCRA). The U.S. Environmental Protection Agency (EPA or the Agency) and Alabama Department of Environmental Management appeal a district court's ruling in an e...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §101(14)(C) exempts certain mining wastes (Bevill wastes) from its definition of "hazardous substance" even if such wastes fall within other subdivisions of CERCLA §101(14)'s definition. The cou...