The court holds that the U.S. Environmental Protection Agency's (EPA's) regulation at 40 C.F.R. §230.3(s)(3) defining intrastate, nonadjacent (isolated) wetlands as "waters of the United States" under the Federal Water Pollution Control Act (FWPCA) is invalid, and the court vacates a $50,000 admini...

On a motion for rehearing, the court vacates its prior decision, which invalidated the U.S. Environmental Protection Agency's regulation at 40 C.F.R. §230.3(s)(3) defining intrastate, isolated wetlands as "waters of the United States" under the Federal Water Pollution Control Act. In addition to gr...

The court holds that a plaintiff's state law claims alleging injuries from exposure to the pesticide Dursban were improperly removed to federal court, and a chemical manufacturer's defense of preemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not confer federal que...

The court holds that the U.S. Environmental Protection Agency's (EPA's) supplemental environmental impact statement (EIS) for the sewage residuals landfill portion of the cleanup remedy for Boston Harbor was adequate under the National Environmental Policy Act (NEPA). Two Massachusetts towns challen...

The court holds that the United States Army Corps of Engineers' (Corps') assertion of jurisdiction over a landowner's wetlands cannot be challenged until completion of the landowner's application for a permit under §404 of the Federal Water Pollution Control Act (FWPCA). The court holds that the de...

The court holds that §6001 of the Resource Conservation and Recovery Act waives federal sovereign immunity from certain state-imposed permit conditions that address the presence of radionuclides in hazardous waste the federal government incinerates at the Los Alamos National Laboratory (LANL) in Ne...

The court holds that an environmental group intervening in the government's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action against companies that released PCBs into the Acushnet River and New Bedford Harbor, Massachusetts, lacks standing to appeal the ent...

The court holds that an aircraft manufacturer is liable as a generator of hazardous waste under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs at a municipal landfill in Phoenix, Arizona. In producing metal engine components for co...

The court holds that a dissolved corporation with collectible undistributed assets that previously operated a site contaminated by asbestos waste may be sued for the site cleanup costs by the owner of the site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ...

The court upholds the U.S. Environmental Protection Agency's (EPA's) interpretation of the 40 C.F.R. §260.10 definition of "tanks" as requiring tanks to be self-supporting when removed from the ground and filled to capacity with the material they were intended to contain. A coal tar plant operator ...