The court affirms a district court grant of summary judgment in favor of a manufacturer alleged to have contributed to a Michigan river's polychlorinated biphenyls (PCB) contamination. An association of potentially responsible parties claimed that PCBs in the manufacturer's drainage ditch leaked int...
The court holds that individual condominium owners may not assert the innocent landowner defense in their Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action against the property's former owners. The individual owners initially purchased the property as a partnershi...
The court holds that a company's cleanup of a polychlorinated biphenyl- and lead-contaminated site in Colorado was not consistent with the national contingency plan (NCP). Thus, the company is not entitled to contribution from other responsible parties. The court first holds that the district court ...
The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement (SEIS) addressing the construction of a bypass around Salisbury...
The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable. Several years after a final EIS for the highway was completed, it wa...
The court holds that the U.S. Department of the Navy's decision to transfer a large fleet of aircraft to a Virginia naval air station located near environmental group members' homes did not violate the National Environmental Policy Act. The court first holds that the Navy's consideration of the Virg...
The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA) when it adopted a forest plan for the Prescott National Forest in Arizona that identified certain forest land as suitable for grazing. The court first holds that the claims alleged by the environme...
The court affirms, but on different grounds, a district court decision dismissing corporations' contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against several potentially responsible parties (PRPs) for response costs incurred at the Sulliv...
The court holds that the former owner and operator of a refinery may not bring cost recovery or contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the subsequent and current owners. The court first holds that the former owner is a pe...
The court holds that the U.S. Forest Service did not breach a timber sale contract when, pursuant to two contract provisions, it canceled the contract to avoid jeopardizing the continued existence of the endangered northern spotted owl in the Six Rivers National Forest. The court first holds that th...