The court grants a protective order limiting to the administrative record review of a plan prepared by the U.S. Forest Service for the Colville National Forest in Washington. The court holds that discovery to supplement the record is inappropriate, because plaintiff environmental organizations faile...

The court holds that a university, which was the major stockholder of a corporation, is not an "operator" of the corporation's facility for purposes of imposing liability under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court holds that shareh...

The court holds that the U.S. Environmental Protection Agency's (EPA's) Federal Water Pollution Control Act (FWPCA) §404(c) veto of an FWPCA §404 permit for the Ware Creek reservoir and dam project in James City County, Virginia, was unsupported by substantial evidence. The court finds that EPA's ...

The court issues various rulings on pretrial motions in a criminal prosecution under the Resource Conservation and Recovery Act (RCRA) charging four corporate officers and one corporation with four counts of illegal storage, transportation, and disposal of hazardous waste and one count of knowing en...

The court holds that the Air Force is not required under the National Environmental Policy Act (NEPA) to prepare a supplemental environmental impact statement (EIS) for its night flights of transport planes into and out of Westover Air Force Base. Although the Air Force's EIS for the operation of tr...

The court holds that the U.S. Environmental Protection Agency (EPA) need not reinstitute National Historic Preservation Act (NHPA) §106 procedures to afford the Advisory Council of Historic Preservation an opportunity to comment before expanding a sewage system in a village listed on the National R...

In an unpublished decision, the court holds that in-stream treatment ponds for treatment of coal mining wastes are "waters of the United States" subject to regulation by the Environmental Protection Agency (EPA) under the Federal Water Pollution Control Act (FWPCA). After identifying certain problem...

The court holds that a landowner may sue an adjacent landowner in a citizen suit under §310 of the Comprehensive Environmental Response, Compensation, and Liability ACT (CERCLA) and §7002 of the Resource Conservation and Recovery Act (RCRA), and that the landowner may sue in tort for punitive dama...

The court rules that the owner of a contaminated site may assert the third-party defense in §107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in a CERLCLA cost recovery action, unless a contract between the landowner and the third party relates to the ...

The court holds that a former lessee is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to the property owner for response costs incurred at the site where the lessee operated a wood treatment plant, and the property owner is liable to the lessee. The ...