The court holds that railroad companies that sold used wheel bearings to a railroad parts foundry for conversion to new wheel bearings are not liable as arrangers under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court first holds that the railroad compa...
The court holds that a Wisconsin ironworks company cannot sue its former parent corporation for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs resulting from actions the ironworks company took when it was a subsidiary of the corporation. When the parent ...
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...
The court holds that the U.S. Forest Service's consideration of a fire's effects on a proposed timber sale in the Colville National Forest in Washington was not arbitrary and capricious. After a fire burned 10,000 acres, including 133 acres of the proposed timber harvest area, the Forest Service pre...
The court holds that although ore from a smelter's processing facility is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), denying the smelter reimbursement for its hazardous waste disposal costs on summary judgment is premature. The U.S...
The court holds that material questions of fact preclude finding a timber company immune from Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability for the past and future cleanup costs of a chemical storage site allegedly contaminated, in part, by releases from th...
The court holds that environmental groups have no standing under the Administrative Procedure Act (APA) to challenge the U.S. Bureau of Land Management's (BLM's) failure to halt actions adversely affecting the environment during the completion of an environmental impact statement (EIS) of a regional...
The timing of environmental analysis and judicial review presents critical issues of interpretation under the National Environmental Policy Act (NEPA). Courts must be able to review an agency's compliance with NEPA before the agency makes major decisions, and before it invests significant resources that can compromise environmental review. Agencies must not be allowed to delay environmental review just because necessary data and research are difficult to obtain, or environmental impacts are uncertain. This Article discusses how the courts have handled these timing problems.
Editors' Summary: The recently completed 105th Congress provided the nation with a legacy of unparalleled legislative inactivity. Few, if any, of the legislative initiatives earmarked as priorities passed as bitter partisan debate ruled on Capitol Hill. This Comment analyzes how such partisanship and subsequent congressional lethargy created the environmental successes, controversies, and failures of the 105th Congress.
Although the 104th Congress did not begin officially until January 4, 1995, its significance was apparent as soon as the polls closed on November 8, 1994. When the votes were tallied, Republicans had acquired majorities in both the Senate and the House for the first time in 40 years. And they were quick to proclaim the beginning of a revolution in congressional lawmaking.