The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's authority under the Act. EPA initiated a RCRA enforcement action agains...

The court holds that an automobile manufacturers association is entitled to attorney fees in connection with an underlying action in which New York's zero emission vehicle sales requirement for model years 1998-2002 was held preempted under Clean Air Act (CAA) §209. The court first holds that the a...

The court grants automakers' motion to stay their challenge to Massachusetts' zero emission vehicle standards pending the automakers' appeal of a U.S. Environmental Protection Agency (EPA) ruling in the Court of Appeals for the D.C. Circuit. In an earlier decision, in which the automakers claim that...

The court holds that it lacks jurisdiction to review a mining corporation's Resource Conservation and Recovery Act (RCRA) claims arising from a U.S. Environmental Protection Agency (EPA) document addressing whether certain mining processes produced hazardous waste. The document discussed the rare ea...

The court holds that the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to prepare a biological opinion (BO) that properly addressed how the North Pacific fishery management plans (FMPs) for the groundfish fisheries in the Bering Sea and Gulf of Alaska ...

The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...

The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...

The court holds that three electric utilities may maintain their breach of contract claims against the government for the failure to begin by January 1, 1998, the disposal of spent nuclear fuel waste produced at the utilities' plant as agreed to in a 1983 contract. The government conceded that it wo...

The court reverses the dismissal of a utility's breach of contract claim against the government for failing to dispose of the utility's spent nuclear waste beginning no later than January 1, 1998, as agreed to in a 1983 contract. The government notified the utility that it would be unable to begin d...

The court refuses to preliminarily enjoin a lessee from using a soil vapor extraction (SVE) cleanup method during the remediation of its leased property or to require the lessee to remediate all contamination at the site. The lessee subleased the property at issue to a dry cleaner who released hazar...