The Eighth Circuit upheld the dismissal of a company's breach of contract and contribution claims against a railroad in connection with a lead-contaminated Superfund site in Omaha, Nebraska. The company paid approximately $200 million to settle its liability with the government, and the railroad set...

The Ninth Circuit affirmed in part and reversed in part a lower court decision approving CERCLA consent decrees between settling parties and the state concerning cleanup costs stemming from a hazardous waste site near Tucson, Arizona. Several nonsettling PRPs intervened in the case, seeking a court ...

The D.C. Circuit upheld USDA regulations mandating the disclosure of country-of-origin information about meat products. A group of trade associations representing livestock producers, feedlot operators, and meat packers claimed that the rule violated their First Amendment rights because the mandate ...

The D.C. Circuit held that an American corporation owned by Chinese nationals was deprived of its constitutionally protected property interests without due process of law when President Obama issued an order blocking on national security grounds the corporation's windfarm project located near a U.S....

The D.C. Circuit denied a petition for review challenging EPA's decision to add property formerly owned by a manufacturing company to the NPL. The company argued that in listing the site, EPA failed to properly consider and analyze relevant data. But the company's objections were without merit. EPA ...

The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain hazardous residuals left over from the petroleum refining process. Under the exclusion, oil-bearing hazardous secondary materials that are otherwise hazardous wastes under RCRA §3001 are exempted from RCRA r...

The D.C. Circuit vacated EPA's comparable fuels exclusion, which exempts all fuels deemed comparable to non-hazardous waste-derived fossil fuels from the requirements set forth in RCRA §3004(q). Section 3004(q) directs EPA to establish standards applicable to all facilities that produce, burn for e...

A district court held that a doctor lacks standing to challenge a Pennsylvania law that prohibits doctors from disclosing the mixture of chemical fluids used during hydraulic fracturing when treating patients for chemical exposure. Doctors have a professional and ethical obligation to communicate cr...