The court holds that the Federal Power Act's (FPA's) civil penalty provision, §31(c), does not authorize the Federal Energy Regulatory Commission (FERC) to impose a civil penalty of $2,024,000 on an unlicensed utility, based on the utility's long-standing failure to obtain the licenses required to ...

The court holds that a chemical company's challenge to the U.S. Environmental Protection Agency's (EPA's) denial of the company's petition for review of a corrective action permit under the Resource Conservation and Recovery Act (RCRA) is not ripe for review. EPA issued the permit to the company in ...

The court holds that an oil refining company and two owners of the company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs of cleanups conducted on a site leased by the company under Federal Water Pollution Control Act (FWPCA) §311 and C...

The court holds that the decision of the U.S. Department of Defense (DOD) to conduct public auction sales during the 1970s of chemicals considered surplus government property is a discretionary function exempt from the Federal Tort Claims Act's (FTCA's) limited waiver of sovereign immunity, but a pr...

The court holds that two chemical companies are liable for $3,339,030 plus interest in response costs incurred by the United States at the Picillo Farm site in Rhode Island. In O'Neil v. Picillo, 18 ELR 20893, the court held the companies jointly and severably liable as generators under the Comprehe...

The court approves a proposed settlement agreement between the plaintiffs and four co-defendants in a contribution action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(f)(1) and dismisses cross-claims between the settling defendants (settlors) and the...

The court grants environmental groups' motion for a preliminary injunction to stop the Arkansas Department of Pollution Control and Ecology (ADPCE) and its contractor from incinerating cleanup wastes from the Vertac site that contain dioxin. In response to the environmental groups' suit, the court i...

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and §7002(b)(2)(B)(ii) and (b)(2)(C)(ii) of the Resource Conservation and Recovery Act (RCRA), bar a RCRA citizen suit by environmental and citizen groups challenging incineration ap...

The court holds that a lender engaging in ordinary lending activities is shielded from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the U.S. Environmental Protection Agency's (EPA's) 1992 lender liability rule. A lender loaned money to a tena...

The court holds that a nonprofit citizen group has standing to bring an Emergency Planning and Community Right-to-Know Act (EPCRA) citizen suit against a company, alleging that the company failed to timely submit hazardous chemical information to state and federal authorities as required under EPCRA...