The court dismisses claims by a New Jersey town against a missile manufacturer and the owner of property the manufacturer leased for injunctive relief and natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and cross-claims by the propert...

The court holds that a U.S. Forest Service decision to reduce the number of cattle permitted to graze on a grazing permit holder's range allotment is not arbitrary and capricious, does not violate Executive Order No. 12630, and is not a compensable taking. Under the §402(a) and (e) of the Federal L...

The court holds that asbestos is a hazardous waste under the Resource Conservation and Recovery Act (RCRA) and 10 U.S.C. §7311, which requires the Navy to identify and quantify the type and amount of hazardous wastes expected to be generated during the performance of contracts, and renegotiate cont...

The court holds that Michigan lacks standing under the National Environmental Policy Act (NEPA) to seek mandamus relief to compel the Nuclear Regulatory Commission (NRC) to supplement its 1982 environmental impact statement (EIS) for its low-level radioactive waste (LLRW) disposal licensing regulati...

The court holds that the costs of future medical monitoring of students and adults exposed to unsafe levels of 1, 2-Dibromo-3-Chloropropane (DBCP) in the drinking water supplied to their school, which was a reasonably certain consequence of tortious exposure to that pesticide, is a detriment for whi...

The court holds that a district court lacked jurisdiction under Clean Air Act (CAA) §304(a)(2) over claims for injunctive relief by utilities seeking to compel the U.S. Environmental Protection Agency (EPA) to process their applications for extensions of the deadline for compliance with sulphur dio...

The court holds that the development of private property near a beach designated under the Endangered Species Act (ESA) as critical habitat for the Perdido Key beach mouse does not jeopardize the existence of the mouse. The court holds that a scientist has standing under the citizen suit provision o...

The court holds that a consumer's private tort action against a paint thinner manufacturer for noncompliance with federally mandated labeling requirements is not preempted by the Federal Hazardous Substances Labeling Act (FHSLA). The court holds that the plaintiff's common-law tort action for damage...

The court holds that the New York Department of Environmental Conservation (NYDEC) violated Clean Air Act (CAA) §177 by failing to adopt the "clean fuels" component of California's automobile emission regulations, by adopting emission regulations less than two years before automobile manufacturers ...

The court holds that changes by the U.S. Forest Service and the University of Arizona in the implementation of a program mandated by the Arizona-Idaho Conservation Act (AICA) to monitor the impact of the construction of the Mt. Graham International Observatory in Arizona, on the endangered Mt. Graha...