The court denies Nevada's petition for review of a Department of Energy (DOE) interpretation of Nuclear Waste Policy Act (NWPA) §116(c)(3) as requiring DOE, rather than Nevada, to determine the amount of an NWPA-authorized federal grant to Nevada, and to resolve disputes pertaining to the amount. S...
The court holds that a challenge by citizens to a U.S. Army Corps of Engineers' (Corps') determination that a new landfill project may proceed under a Federal Water Pollution Control Act (FWPCA) §404 general nationwide permit is not ripe for review, because construction or operation of the landfill...
The court holds in a contribution action against 52 municipalities arising from their alleged generation and disposal of hazardous substances at the Gloucester Environmental Management Services, Inc. landfill Superfund site, that municipalities were not intended to be per se exempt under either the ...
The court holds that the seller of a former gasoline station site contaminated with hydrocarbons is entitled to summary judgment in the purchasers' action for recovery of cleanup costs incurred at the site, because under the purchase agreement the plaintiffs assumed liability and took the property "...
The court holds that the U.S. Army Corps of Engineers (Corps) was arbitrary and capricious in denying a developer's application for a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA), but the developer is not due any compensation for the temporary taking. The dev...
The court holds that a district court was not clearly erroneous in ruling that the United States has title to the riverbeds of the Little Missouri River in North Dakota, because the state failed to prove by a preponderance of the evidence that the river was navigable when North Dakota became a state...
The court holds that the Hazardous Materials Transportation Act (HMTA) preempts an Indian community's tribal ordinance that regulates shipments of nuclear materials across tribal reservation land, and the district court properly granted a nuclear utility company's motion to enjoin the ordinance. The...
The court adopts the recommendations of a magistrate judge that environmental groups challenging the issuance of a dredge and fill permit by the U.S. Army Corps of Engineers (Corps) to the city of Portland, Oregon, are not entitled to attorney fees, expenses, and costs under the Equal Access to Just...
The court holds that a waste management district is authorized under its charter to charge a fee for the disposal of solid waste at landfills in the district. The court finds that the state legislature expressly granted the district the authority to charge a fee in order to guarantee the payment of ...
The court remands to the U.S. Environmental Protection Agency (EPA or the Agency) the national contingency plan's (NCP's) categorical rule against delegation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) enforcement and remedy selection authorities to states b...