The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state tort claims based on the alleged failure of herbicide manufacturers to provide adequate warnings on their products' labels. The court notes that the U.S. Environmental Protection Agency had approved t...

The court holds that the Columbia River Gorge National Scenic Area Act (Scenic Act) does not require a state compact or the U.S. Forest Service, in developing draft management plans for general and specific management areas, to undertake the type of detailed studies and analyses involved in the prep...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law claims that an insecticide's manufacturer and distributor failed to warn adequately of an aerosol insecticide's known potential to cause asthma where the manufacturer had complied with FIFRA label...

The court upholds a jury verdict finding a consultant liable for $2.5 million in damages arising from its negligent overestimation of the amount of processable solid waste available on a daily basis to a Wisconsin county that was opening a new waste disposal system. The court first holds that, altho...

The court holds that a state prohibition against burning fuel derived from hazardous waste within one-half mile of an established residence is not preempted by the Resource Conservation and Recovery Act (RCRA) and does not violate the Commerce Clause or the Equal Protection Clause of the U.S. Consti...

The court affirms a district court's decision that the sister and parent corporations of the former corporate owner of a lead smelting site are not liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a local water authority's costs of secur...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts common-law failure to warn claims against an insect repellent manufacturer. First, the court holds that, under Cipollone v. Liggett Group, Inc., 112 S. Ct. 2608 (1992), it must base its preemption decision ...

The court holds that past and present owners of dry cleaning stores at a California shopping center are liable under §7002 of the Resource Conservation and Recovery Act (RCRA) and §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for discharging through the...

The court holds that it lacks original jurisdiction to review total maximum daily load (TMDL) limits set by the U.S. Environmental Protection Agency (EPA) under §303 of the Federal Water Pollution Control Act (FWPCA) for dioxin discharges into the Columbia River in Washington, Oregon, and Idaho. Th...

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(g)'s statute of limitations does not preempt a state of Washington statute terminating a dissolved corporation's capacity to be sued two years after dissolution. A party liable as a generator of...