The court holds that the United States is entitled to summary judgment on a residential land developer's appeal from the U.S. Army Corps of Engineers' (the Corps') denial of the developer's application for an after-the-fact (ATF) permit under §404 of the Federal Water Pollution Control Act (FWPCA),...

In a citizen suit brought by the state of South Carolina under §310 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that CERCLA §104(c)(9) does not impose a duty on the U.S. Environmental Protection Agency (EPA) to issue a declaration that it ...

The court holds that a claim for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act filed by the California Department of Health Services (CDHS) against individuals in Chapter 7 liquidation was discharged by the individuals' bankruptcy. The court holds tha...

The court affirms a district court's apportionment of liability between utility companies and holds that a parent company must pay for cleanup of coal and oil gas waste on property formally operated by its subsidiary. New England Electric System (NEES) bought about 97% of the Lynn Gas & Electric...

The court holds that a real estate developer alleged facts sufficient to state a claim under §107(a)(2) and (4) of the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) against a contractor as an "operator," because the contractor had authority to control the cause of ...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§103(c) and 107(a) do not preclude assertion of equitable defenses, especially a defense based on execution of a release from liability. The plaintiff, a real estate development company that pu...

The court holds that a bank is not liable for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an owner or operator of a corporate borrower's contaminated sites, even though it demanded that the borrower obtain new management, regularly consul...

The court denies motions for summary judgment on the liability of corporate officers under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Michigan Environmental Response Act for the contamination of two Michigan sites because the evidence of the officers' ...

The court reverses a district court's decision holding that the U.S. Air Force is liable to a corporation for attorney fees that the corporation incurred in prosecuting a contribution action against the Air Force under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state common-law tort causes of action against chemical companies for failure to warn about safe and proper use of herbicides. The parties stipulated that the U.S. Environmental Protection Agency (EPA) had ...