The court, on reconsideration, reaffirms, its prior holding, reported at 23 ELR 20651, that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §101(14)(C) exempts certain mining wastes (Bevill wastes) from CERCLA's definition of "hazardous substance." The consolidate...

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) bar to preenforcement judicial review of the U.S. Environmental Protection Agency (EPA) remedial actions does not preclude a court from enforcing a court-approved consent decree between EPA a...

The court upholds the felony convictions of a corporation and its sole officer and stockholder for violating the Federal Water Pollution Control Act by discharging pollutants without a national pollutant discharge elimination system (NPDES) permit, even though the jury instructions did not state the...

The court holds that a district court properly terminated a 1981 consent decree between the Environmental Protection Agency (EPA) and a municipal wastewater treatment district, even though the district is currently in violation of its decree by failing to achieve compliance with its national polluta...

The court orders a corporate landholder and its owners to pay a $40,000 civil penalty for failure to comply with an order of the U.S. Environmental Protection Agency (EPA) directing the corporation to grant EPA access to a contaminated site to conduct remedial activities under the Comprehensive Envi...

The court holds that a corporation, previously found to have violated the Federal Water Pollution Control Act (FWPCA) and the Rivers and Harbors Act (RHA) in building a bridge in the Florida Keys, is not entitled to a retrial on all issues presented at trial and must prepare and submit an environmen...

The court holds that a bank is not liable for contribution under §113(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), despite having foreclosed on contaminated property and held title to it for over seven months before reselling it. The owner of property...

The court holds that attorneys fees are recoverable in a contribution action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that a waste oil re-refining corporation that purchased the assets of a waste oil hauling company that had owned leaking waste oil...

The court affirms the conviction of an individual for violating the Lacey Act, which makes it a federal crime to acquire or sell any plant taken, possessed, transported, or sold in violation of state law. The defendant and one of his sons were indicted for a conspiracy to dig up saguaro cacti from t...

The court holds that Ohio law is not comparable to §309 of the Federal Water Pollution Control Act (FWPCA), making administrative orders issued by the Ohio Environmental Protection Agency (OEPA) under Ohio law against a company violating its national pollutant discharge elimination system (NPDES) p...