A district court denied New Jersey's motion to amend a 1997 consent decree concerning the Gloucester Environmental Management Services, Inc., landfill and ordered it to comply with the terms of the decree. The state alleged that the detection of the presence of radionuclides requires a new remedy fo...

The court upholds the dismissal of individuals' employment retaliation suits against the state of Rhode Island and the Rhode Island Department of Environmental Management concerning potential Solid Waste Disposal Act violations. The state has not waived its right to sovereign immunity, and the U.S. ...

A district court denied motions for summary judgment brought by the current or former owners of underground petroleum storage tanks who were sued under the Resource Conservation and Recovery Act (RCRA) by the owner of neighboring property. The underground storage tank (UST) owners argued that ground...

A district ruled on several pre-trial motions of both defendants and plaintiffs alleging property damage caused by a defendant's contamination at its nearby chemical manufacturing facility (a designated Superfund site), negligence, fraud, fraudulent concealment, strict liability, trespass, and civil...

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of t...

The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking facility, is liable for 75 percent of the cleanup costs and that defendant-battery suppliers are liable for...

The court holds that a company that purchased many of the assets of an agricultural chemical company is not liable as a successor-in-interest for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that state law dictates the p...

The court holds that a county's action to quiet title to real property used by the United States as a wildlife management area on Matagorda Island in Texas is time barred. The federal government condemned a portion of Matagorda Island for use as a bombing and gunnery range, and in 1982 the U.S. Fish...

The court holds that the Federal Highway Administration and the West Virginia Department of Transportation's decision to support the building of a new, four-lane highway as part of the Appalachian Highway Development System complied with the National Environmental Policy Act and §4(f) of the Depart...

The court upholds the U.S. Forest Service's interpretation of the term "native" and its environmental assessment (EA) for an ecological project in Shawnee National Forest in Illinois. The appellants argued that the ecological project will have an adverse effect on shortleaf pines and pine warblers i...