The court holds that the Army Corps of Engineers (the Corps) bears the burden of proving the existence of wetlands within the meaning of the Federal Water Pollution Control Act (FWPCA) by a preponderance of the evidence, and the issue of the reliability of the Corps' data collection is a material fa...

The court holds that a company that purchased the corporate assets of a company that is a defendant in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action is not responsible for the liabilities of the selling corporation. After the operator of a contaminated count...

The court holds that a debtor's liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not discharged in bankruptcy, where the debtor has not disclosed its potential CERCLA and state liabilities, and the state, while aware of its role as a creditor in t...

The court holds that the district court properly refused to permanently enjoin timber harvesting in the Tongass National Forest in southeastern Alaska pursuant to a 50-year timber sale contract between the U.S. Forest Service and the Alaska Pulp Company, because the Tongass Timber Reform Act of 1990...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt state common-law products liability claims in which plaintiffs, who were exposed to a pesticide applied to the interior of their building, sustained serious injuries, including death, stroke, and co...

The court holds that a commercial landowner's receipt and composting of discarded organic material is subject to a county ordinance prohibiting the operation of a solid waste disposal facility without a permit. The court first holds that the county has the authority to enact the ordinance, because i...

The court holds that a municipality that contracted for the disposal of residential waste at the Operating Industries site in Monterey Park. California, may have incurred arranger liability under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and factual...

The court holds that a construction company that undertook renovation projects at an electric utility facility and a high school must pay $126,000 in civil penalties for asbestos work practice violations of the national emissions standards for hazardous air pollutants (NESHAP), promulgated under §1...

The court holds that it does not have jurisdiction under §304(l) of the Federal Water Pollution Control Act (FWPCA) to review the U.S. Environmental Protection Agency's (EPA's) decision to list the creek into which a town's publicly owned treatment works (POTW) discharges pollutants and to approve ...

The court holds that bankruptcy debtors' future response and natural resource damage costs under the Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA), which are based on prepetition conduct that is fairly contemplated by the parties at the time the debtor files in bankr...