The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing new information concerning the use of the Los Alamos National L...

The court holds that a company that allegedly sold the United States a lesser grade oil than required under contract specifications and then charged it for the higher grade oil is liable under the Resource Conservation and Recovery Act (RCRA) for violating oil management regulations. The court first...

The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2) consultation regarding its ongoing regulatory authority over a power company's Hells Canyon complex in Idaho. The court first...

The Court holds that the tribal exhaustion doctrine does not require a district court to abstain from deciding whether Native Americans' tort claims arising from uranium mining on their reservation constitute public liability actions under the Price-Anderson Act. The defendant companies filed suit i...

The court affirms a jury award for damages in a Resource Conservation and Recovery Act (RCRA) citizen suit brought by the owner of a shopping center that was contaminated by a neighboring gasoline station's leaking underground storage tanks (USTs). The court first holds that it will not overturn the...

The court holds that the Price-Anderson Act conferred federal jurisdiction on a district court in a removal action where individuals alleged tortious injury arising from uranium mining. In two separate class action suits, over 1,000 individuals alleged personal injury and property damage arising fro...

The court affirms a district court ruling that an oil company that operated a service station on leased property was liable to the lessor for all damages caused by a leaking underground storage tank, including the lessor's inability to sell or lease the property immediately surrounding the leased pr...

The court upheld in part and vacated in part U.S. Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) regulations, known collectively as the Land Disposal Restrictions (LDR) Phase IV rule, addressing residual or secondary materials generated in mining and mineral proc...

The court denies a petition for review of a final determination by the U.S. Environmental Protection Agency (EPA) not to add 14 solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act. The court first holds that EPA did not clearly err in interpr...

The court vacates a portion of a U.S. Environmental Protection Agency (EPA) regulation in which it determined that oil-bearing wastewaters generated by the petroleum refining industry are solid wastes under the Resource Conservation and Recovery Act (RCRA), but upheld EPA's determination that recove...