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United States v. Amoco Chem. Co.

The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...

Advanced Tech. Corp. v. Eliskim, Inc.

The court denies a corporation's motion to reconsider a ruling that disputed issues of material fact exist as to whether the corporation's neighbor can claim an innocent landowner defense, which would allow the neighbor to pursue a Comprehensive Environmental Response, Compensation, and Liability Ac...

Monarch Tile, Inc. v. Florence, City of

The court holds that a city holding a security interest in property for the purpose of securing repayment of development bonds, which financed acquisition of the property, qualifies for a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §101(20)(A) secured creditor exc...

Tosco Corp. v. Koch Indus., Inc.

The court grants a panel for rehearing to clarify factual statements from its May 2, 2000, opinion in which it upheld a district court decision finding a previous owner of an oil refinery liable under the Comprehensive Environmental Response, Compensation, and Liability Act for 15% of all past and f...

Illinois v. Grigoleit Co.

The court holds on motions for summary judgment that a manufacturer and a newspaper company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for allowing a landowner to dispose of their waste on his property without a permit. The court first holds t...

Shawnee Trail Conservancy v. Department of Agric.

The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the Administrative Procedure Act (APA) when it designated certain areas of the Shawnee National Forest as Research Natur...

Gussack Realty Co. v. Xerox Corp.

The court reverses a district court order awarding landowners $1,083,585 following a jury verdict insofar as that amount was based on the landowners' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against a copier refurbisher, but upholds the award insofar as i...

Idaho Sporting Congress v. Alexander

The court holds that a district court erroneously denied an environmental group's motion for a preliminary injunction to prevent the U.S. Forest Service from proceeding with certain timber sales in the Payette National Forest in Idaho. In separate litigation, a district court held that a Forest Serv...

Southern Utah Wilderness Alliance v. Dabney

The court reverses and remands a lower court decision holding that a portion of the National Park Service's (NPS') backcountry management plan (BMP) for the Canyonlands National Park in Utah that allows motor vehicle access on a 10-mile segment of road violates the National Park Service Organic Act ...

Johnson v. James Langley Operating Co.

The court reverses and remands a district court decision that landowners who sued oil companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit did not incur response costs in acting to contain a proven release of hazardous substances. The court fist holds th...