The Court holds that an environmental group lacks standing to maintain a suit for purely past violations of the Emergency Planning and Community Right-to-Know Act (EPCRA). After receiving notice from the group of its failure to report EPCRA information in a timely fashion, the manufacturer filed all...

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 holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to perform essential nuclear waste dump oversight activities at Yucca Mountain, Nevada. The court first holds ...

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 the Bureau of Reclamation violated the Endangered Species Act (ESA) by renewing water supply contracts with several water districts in California before consulting with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The districts rely ...

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 New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales requirement must be considered a standard "relating to the control of emissions" and is, therefore, within the p...

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...