The court holds that the buyer of a mobile home park failed to establish a pattern of racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO) by the sellers, that the buyer's allegations of fraud were too vague, and that the Federal Water Pollution Control Act (FWPCA) provid...

The court holds that, by the terms of the Columbia River Gorge National Scenic Area Act, federal district courts lack jurisdiction under the Eleventh Amendment to hear a lumber company's inverse condemnation claim against the states of Oregon and Washington. The court first holds that although the E...

The court holds that a lessee of land adjacent to a site where a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup was proceeding, could be liable in a CERCLA cost recovery action for having arranged for the disposal of hazardous materials, and could be held liab...

The court holds that the district court properly approved a consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that provides for the flushing of contaminated subsurface soil at the Rose site in Michigan, and the decree does not violate state "appl...

The court vacates a district court decision requiring one of 20 generators of hazardous waste released from a Pennsylvania disposal site into the Susquehanna River to pay $473,790 in U.S. response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and rem...

The court holds that §113(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars a nonsettling defendant in a government suit for recovery of response costs from asserting a cross-claim for contribution against settling de minimis defendants, and the nonset...

The court upholds a deer hunting guide's felony convictions under the Lacey Act for the guide's role in organizing and guiding several illegal hunting expeditions in Montana. The court first concludes that, consistent with §4(c) of the Lacey Act, in determining whether the market value of illegally...

The court holds that an illiterate landfill operator unreasonably failed to comply with U.S. Environmental Protection Agency (EPA) information requests under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and is liable for civil penalties. The landfill...

The court holds that the Environmental Protection Agency's (EPA's) listing of Basin F in the Rocky Mountain Arsenal on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) national priorities list (NPL) divests the court of jurisdiction over Colorado's attempts to enfor...

The court upholds the criminal conviction of a production manager at a metals fabricating facility in Tennessee that generated hazardous waste, based on several counts of Resource Conservation and Recovery Act (RCRA) violations. The court noting that case law and RCRA's legislative history establish...