The court holds that the Resource Conservation and Recovery Act (RCRA) does not bar a government action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover U.S. oversight costs and interest incurred at a contaminated industrial landfill manage...

The court holds that the U.S. Army Corps of Engineers has jurisdiction under the Rivers and Harbors Act of 1899 over streams that are subject to the tide's ebb and flow, and the Corps' order to remove barriers to stream access is not a compensable taking. The court first holds that determining wheth...

The court holds that claims for contribution and indemnification by nonsettling defendants against settling defendants in an action by the United States for reimbursement of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are barred by the sett...

The court grants in part, and denies in part, the United States' and California's motions to strike the affirmative defenses pled by several defendant oil companies and other defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action, and hold...

The court holds that §3008(b)(1) of the Resource Conservation and Recovery Act (RCRA) requires proof that a defendant transporting hazardous waste knew the recipient facility lacked a storage permit, and reverses a conviction for unlawful transport of hazardous waste. The president of a company tha...

The Court rules that the U.S. Environmental Protection Agency (EPA) correctly interpreted the Federal Water Pollution Control Act (FWPCA) as not requiring an Arkansas publicly owned treatment works (POTW) to comply with Oklahoma's water quality standards, where the Arkansas discharges would not caus...

The court holds that the classification of recycled byproduct materials, which are exempt from federal regulation, as "solid waste" within the New Jersey hazardous waste regulatory scheme, and the use of federal hazardous waste regulatory scheme, and the use of federal hazardous waste codes to ident...

The court holds that environmental groups' Clean Air Act citizen suit, which alleges that the Oregon Department of Environmental Quality (DEQ) has failed to enforce emissions standards or limitations set out in its state implementation plan (SIP) for the control of volatile organic compounds (VOCs) ...

The court holds that the federal government did not become an "operator" under §107(a)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of a railroad yard contaminated with polychlorinated biphenyls (PCBs), and therefore did not subject itself to liability un...

The court holds that petitioners may bring Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost claims against a railroad company that filed for bankruptcy, because the claims did not exist at the time of the bankruptcy court's consummation letter and a legal ...