The court holds that an electric arc furnace dust recycler's petition to review a U.S. Environmental Protection Agency's (EPA's) rule that excludes electric arc furnace dust from the Resource Conservation and Recovery Act's (RCRA's) hazardous waste list was not filed within RCRA §7006's 90-day fili...

The court holds that the military and state secrets privilege and the Resource Conservation and Recovery Act (RCRA) §6001 presidential exemption bar two RCRA citizen suits against the U.S. Air Force and the U.S. Environmental Protection Agency (EPA). The two suits alleged RCRA violations and sought...

The court upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior opened certain lands to mining claims in 1954, he required that a ...

The court holds that property owners could proceed under either a general or alternative liability theory in a Resource Conservation and Recovery Act (RCRA) suit against former operators of a gasoline station on their property. The court first holds that it does not possess enough information to mak...

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...

The court denies a coalition's petition for review of the U.S. Environmental Protection Agency's (EPA's) final rule establishing the circumstances in which military munitions are deemed hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The court first holds that a trade assoc...

The court holds that a landowner cannot recover from previous site owner petroleum contamination cleanup costs it incurred after it invoked Resource Conservation and Recovery Act (RCRA) §7002's statutory process for bringing a citizen suit. The court first holds that a private party cannot recover ...

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a state court-approved settlement for Resource Conservation and R...

The court holds that a canning company may seek cleanup and abatement costs from the former owner of its canning operation site under the Resource Conservation and Recovery Act (RCRA). The court first holds that the canning company's post-filing cleanup costs are not clearly barred by RCRA. Although...

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping from a mining operation in West Virginia. The IBLA ruled that th...