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Erman v. Lox Equip. Co.

The court holds that the postpetition purchasers of a bankruptcy debtor's contaminated property are not barred by the Bankruptcy Code's automatic stay provision from seeking damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the debtor for the envir...

Exxon Corp. v. Lujan

The court upholds the Bureau of Land Management's (BLM's) decision to issue a right-of-way across federal land in Wyoming for a corporation's carbon dioxide pipeline pursuant to the Mineral Leasing Act (MLA), rather than the Federal Land Policy and Management Act (FLPMA). Applying the holding of the...

Fairchild Semiconductor Corp. v. EPA

The court affirms a district court's decision that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars a potentially responsible party's (PRP's) action against the U.S. Environmental Protection Agency (EPA) for enforcement of a consent order that addre...

Fallowfield Dev. Corp. v. Strunk

The court holds that landowners' summary judgment motions in response to residential developers' actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Pennsylvania Hazardous Substances Control Ac...

Farmland Indus., Inc. v. Morrison-Quirk Grain Corp.

The court, in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action for response costs incurred at the FAR-MAR-CO Superfund site near Hastings, Nebraska, remands for a new trial, holding that incomplete jury instructions might have caused jury con...

Federal Lands Legal Found. v. U.S. Forest Serv.

The court holds that an organization of ranchers using federal land for livestock grazing lacks standing to compel the U.S. Forest Service and other federal agencies to promulgate regulations for the development of allotment management plans under the Public Rangelands Improvement Act (PRIA) and the...

FMC Corp. v. Aero Indus., Inc.

The court holds that a private party may recover nonlitigation attorney fees generated in designing and negotiating a removal action if such fees were necessary to the containment and cleanup of released hazardous substances, but the party may not recover attorney fees from litigation of a private c...

Friends of the Boundary Waters Wilderness v. Robertson

The court holds that the existence of motorized portages at three locations in the Boundary Waters Canoe Area Wilderness violates the Boundary Waters Canoe Area Wilderness Act. Interpreting the word "feasible," in §4(g) of the Act, to mean "capable of being done" or "physically possible," the court...

Friends of the Crystal River v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA or the Agency) unlawfully attempted to revoke the U.S. Army Corps of Engineers' (the Corps') statutory authority under Federal Water Pollution Control Act (FWPCA) §404(j) to process a developer's application for a §404 dredge and f...

Friends of the Payette v. Horseshoe Bend Hydroelectric Co.

The court holds that the district court properly upheld the Army Corps of Engineers' (the Corps') decision not to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for a dam construction project, although the district court erred in finding moot the i...