The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows a state to stop Clean Air Act (CAA) §179(a)'s 18-month countdown to imposition of sanctions when it is triggered by an EPA finding that the state failed to submit a complete state implementation plan (SIP). Under the ru...
The court holds that the district court lacks subject matter jurisdiction in an action brought by surface and royalty interest owners against past and current operators of an oil field for alleged injuries to the owners' property interests. The court first holds that removal jurisdiction under 28 U....
The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...
The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...
The court holds that the Eleventh Amendment to the U.S. Constitution does not bar a citizen group that was denied attorney fees by the Wyoming Department of Environmental Quality from asserting a Surface Mining Control and Reclamation Act (SMCRA) claim against the state agency in federal court. The ...
The court holds that the U.S. Environmental Protection Agency (EPA) was not constitutionally barred from considering a facility's boiler and industrial furnace (BIF) permit application while a federal government suit over the facility's alleged incineration of hazardous waste without a permit was pe...
The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure to properly implement its state implementation plan (SIP). The ...
The court holds that it lacks subject matter jurisdiction over third-party indemnification and duty-to-defend claims asserted by a defendant in a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) cost recovery action against its insurer. The claims are not closely enough ...
The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to the extent of the oil company's liability, for a hazardou...
The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...