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Bancamerica Commercial Corp. v. Trinity Indus., Inc.

The court makes several rulings related to response costs liability and the allocation of costs in a contribution action by the current owner and the successor to a former smelter under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against steel fabricators that ...

Fund for Animals v. Babbitt

The court holds that the Fish and Wildlife Service's (FWS') provision of funding for a Vermont moose management project involving a hunt is not categorically excluded from the National Environmental Policy Act's (NEPA's) requirements. Vermont sought funding under the Federal Aid in Wildlife Restorat...

Humane Soc'y of the United States v. Brown

The court holds that the Secretary of Commerce violated §101(b)(1)(B) of the High Seas Driftnet Fisheries Enforcement Act (Driftnet Act) by failing to identify Italy as a nation whose nationals or vessels may be conducting large-scale driftnet fishing in international waters. Section 101(b)(1)(B) r...

Georgine v. Amchem Prods., Inc.

The court holds that a plaintiff class, created for the purpose of settling an asbestos litigation, that consists of both persons who alleged physical injuries from asbestos-containing products, and persons who only alleged exposure to asbestos-containing products, meets neither the certification re...

Huls Am., Inc. v. Browner

The court upholds the U.S. Environmental Protection Agency's (EPA's) interpretation of Emergency Planning and Community Right-to-Know Act (EPCRA) §302 as allowing the continued inclusion of isophorone diisocryanate (IPDI) on EPCRA's list of extremely hazardous substances (EHS) based solely on toxic...

American Color & Chem. Corp. v. Tenneco Polymers, Inc.

The court holds that the former owner of property contaminated with polychlorinated biphenyls (PCBs) is liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs that the current owner of the site incurred. The court first notes that t...

Washington v. United States

The court denies two responsible parties' motion to divide a contaminated harbor into two operable units for purposes of allocating liability and damages under the Comprehensive Environmental Response, Compensation, and Liability Act. The first proposed operable unit was contaminated primarily with ...

Holloway v. Gaylord Chem.

The court holds that it lacks federal subject matter jurisdiction over numerous suits that individuals who were forced to evacuate their homes during a toxic gas release brought to recover costs they incurred as a result of the release. The court first holds that the damages pleaded by plaintiffs ca...

Allwaste Envtl. Servs./North Atl., Inc. v. Pastore

The court holds that an individual that sold a company involved in hazardous waste operations must indemnify the purchaser's successor for its resulting liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In the purchase agreement, the seller agreed to...

Bangor Hydro-Electric Co. v. Federal Energy Regulatory Comm'n

The court vacates a Federal Energy Regulatory Commission (FERC) order that required a hydropower facility to comply with a U.S. Department of the Interior (DOI) prescription to construct permanent upstream fish passages. The court first holds that FERC is the appropriate named respondent, even if DO...