The court holds that the 360-day bank year applies in calculating an award to an insurance company of $33,093,782.62 in prejudgment interest in litigation involving the 1978 oil spill that damaged 180 miles of the Brittany coastline in France. The court finds that the 12.31 percent real rate of retu...
The court holds that contractual indemnification provisions shielding private parties from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are valid, but do not shield responsible parties from liability to the government. The court first examines th...
The court holds that a compliance order issued by the U.S. Environmental Protection Agency (EPA) to a New York county that purported to settle the county's violations of the Federal Water Pollution Control Act (FWPCA) in constructing a landfill expansion does not excuse the county from obtaining a p...
The court holds that citizens' challenges under the Endangered Species Act (ESA) to government contracts for timber harvesting on federal land in the Pacific Northwest are time barred, under §318 of the Department of Interior & Related Agencies Appropriations Act for Fiscal Year 1990, or Northw...
The court holds that environmental groups' challenge to the U.S. Forest Service's approval of the Augur Timber Sale in the Fremont National Forest in Oregon is moot. The court first notes that while this action was pending in the district court, an order, the result of the groups' administrative app...
The court holds that a district court improperly denied attorney fees to prevailing environmental groups in their challenge to U.S. Forest Service timber sales. The environmental groups brought this action claiming a sale of beetle-killed spruce in the Hells Canyon National Recreation Area violated ...
The court holds that the government of Uruguay is liable to the United States for removal costs under §311 of the Federal Water Pollution Control Act (FWPCA), and to the state of Delaware for civil penalties under the Delaware Oil Pollution Liability Act (DOPLA), as a result of the discharge of ove...
The court denies motions by companies constructing and proposing to operate a hazardous waste incinerator in Ohio to dismiss claims by West Virginia's citizens under the Resource Conservation and Recovery Act (RCRA) and common law challenging the incinerator's construction and operation. The court f...
The court holds that a federal district court lacks subject matter jurisdiction over a collateral challenge to the validity of state and federal permits for an Ohio hazardous waste incinerator brought under the Resource Conservation and Recovery Act (RCRA) §7002(a) citizen suit provision. The court...
The court upholds its decision granting partial summary judgment for the purchaser of four parcels of land in Indiana that are contaminated with benzene, based on the seller's breach of environmental warranties in the purchase agreement, but modifies its summary judgment order to reflect that the or...