The court holds that the lien on real property created in §107l) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which may be imposed to secure payment for government cleanup costs without notice and a pre-deprivation hearing, amounts to deprivation of a signi...

The court holds that the Resolution Trust Corp. (RTC) is entitled to a preliminary injunction requiring the owners and tenants of New York City properties to enter the properties to conduct environmental assessment studies in connection with mortgage foreclosures on the properties. The RTC seeks to ...

The court holds that environmental groups lack standing to challenge the land and resource management plan (LRMP) and environmental impact statement (EIS) for the Flathead National Forest and that the case is not ripe. The court first holds that the environmental groups lack standing because the inj...

The court holds that issues of fact concerning a county's discriminatory intent in siting a landfill in a predominantly Afro-American neighborhood preclude summary judgment on an equal protection challenge, but the county's failure to provide assurances of road improvements does not violate the Four...

The court holds that the siting of landfills in a Virginia county from 1969 to the present has had a disproportionate impact on Afro-American residents, but a challenged siting did not result from intentional discrimination in violation of the Fourteenth Amendment's Equal Protection Clause. The cour...

The court rules that a district court does not have the authority to order the U.S. Environmental Protection Agency (EPA or the Agency) to set aside funds for a water pollution abatement project from an underlying Federal Water Pollution Control Act (FWPCA) appropriation that Congress has rescinded....

The court refuses to lower the civil penalty imposed by the Environmental Protection Agency (EPA) on an engine rebuilding shop for operating two unauthorized injection wells in violation of the Safe Water Drinking Act underground injection control (UIC) program. The court holds that EPA did not abus...

The court rules that a scientific theory of causation that is not yet generally accepted may be admissible in a toxic tort case if it is based on sound scientific methodology involving data and information of the type reasonably relied on by experts in the scientific field. The survivors of two men ...

The court holds that the state river management agency has standing to challenge the Fish and Wildlife Service's (FWS') failure to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for the acceptance of a nondevelopment easement on land containing wet...

The court holds that two highway projects in Austin, Texas, are not major federal actions subject to the National Environmental Policy Act (NEPA). The court first holds that the case is ripe for judicial review, because the projects have left the drawing board and have entered varied stages of const...