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Alaska Wildlife Alliance v. Jensen

The court holds that the National Park System Organic Act, the Wilderness Act, and the Alaska National Interest Lands Conservation Act (ANILCA) prohibit commercial fishing in designated wilderness areas of Alaska's Glacier Bay National Park, but not in the park's nonwilderness areas. The court first...

American Portland Cement Alliance v. EPA

The court holds that it lacks jurisdiction under §7006(a)(1) of the Resource Conservation and Recovery Act (RCRA) to review a petition by a coalition of environmental and citizen groups challenging the U.S. Environmental Protection Agency's (EPA's) regulatory determination that exempts cement kiln ...

Mantle Ranches, Inc. v. U.S. Park Serv.

The court enjoins a ranch owner residing within the Dinosaur National Monument (DNM) from dumping waste at a site within the DNM and orders the National Park Service (NPS) to restore the owner's water-diversion equipment that it removed and restore the owner's historic access to another site within ...

Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service's (FWS') failure under the Endangered Species Act (ESA) to address emergency listings of the bull trout and its determination that the magnitude of the threat facing that species is moderate rather than high are arbitrary and capricious. Plaint...

VME Ams., Inc. v. Hein-Werner Corp.

The court holds that a property owner's failure to comply with the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) public notice-and-comment requirements under the national contingency plan (NCP) constitutes a substantive and material departure from the NCP that ba...

AM Int'l, Inc. v. Datacard Corp.

The court holds that the bankruptcy of a contaminated site's former owner does not discharge Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) claims that the current owner brought to recover its cleanup costs and to comp...

Nova Chems., Inc. v. GAF Corp.

The court holds that §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies retroactively, and that the application of the statute in an action against the former owner of a latex manufacturing site does not violate the Commerce Clause of the U.S. Cons...

Arch Mineral Corp. v. Babbitt

The court holds that the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM) was time barred from linking a mining company to a violator of OSM's permit requirements. The court first holds that the district court properly exercised subject matter jurisdiction...

Acushnet Co. v. Coaters, Inc.

The court grants summary judgment in favor of three defendant potentially responsible parties (PRPs) in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action because plaintiff PRPs failed to produce sufficient evidence as to the quantity and nature of t...

Al Tech Specialty Steel Corp. v. Allegheny Int'l Credit Corp.

The court holds that a steel company's claims for damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the New York Oil Spill Act against a bankrupt company from which it purchased two steel plants should be allowed in bankruptcy court. The court first...