A district court denied environmental groups’ motion for partial summary judgment with respect to their claim that the United States’ maintenance of the Suisun Bay Reserve Fleet violated EPA’s surface water criterion regulations promulgated pursuant to §4004(a) of RCRA. Althou...

A district court dismissed a city's RCRA and the California Hazardous Substances Account Act against the United States in a dispute concerning the environmental remediation of Old Hammer Field in Fresno, California. The site, presently occupied by an airport, was used by the United States as an Army...

A court holds that the U.S. Department of Energy (DOE) violated the Energy Policy Act in refusing to require large private and municipal fleets of motor vehicles to use alternative fuel vehicles. The Energy Policy Act, which was designed to reduce air pollution, global warming, and U.S. dependence o...

The court upheld the Atomic Safety Licensing Board's dismissal of environmental groups' intervention in early site permit proceedings for new nuclear power facilities in Clinton, Illinois. The groups contended, among other things, that the applicant failed to adequately consider energy efficiency or...

The Ninth Circuit held that federal law preempts Washington State's Cleanup Priority Act, a statute enacted through the passage of a voter initiative. The Act was intended to "prevent the addition of new radioactive and hazardous waste" at the Hanford Nuclear Reservation site until cleanup of existi...

The court holds that, as applied to industrial truck manufacturers and distributors, the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration's (OSHA's) hazard communication standard (HCS) preempt enforcement of the occupational warning requirements unde...

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent representation claims based on the manufacturer's alleged off-label stateme...

The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management Act (NFMA). The court first holds that neither the district cour...

The court holds that oil pollution claims arising under the Oil Pollution Act of 1990 (OPA) are not subject to the Limitation of Shipowner's Liability Act of 1851 or to the concursus of claims under Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Ci...

The court holds that summary judgment cannot be granted on the issue of corporate officers' Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) liability, but a successor corporation may be held liable under CERCLA. After a U.S. Virgin Islands clothing manufacturer dissol...