The court reaffirms, in denying a motion for reconsideration, its prior holding that no private cause of action is available under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover privately incurred response costs absent prior action under CERCLA. This go...

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes private parties to recover response costs from responsible parties without Environmental Protection Agency (EPA) approval of the response action. Ruling from the bench at the c...

The court holds that the Army Corps of Engineers acted reasonably in deciding not to prepare an environmental impact statement (EIS) before issuing permits under Federal Water Pollution Control Act §404 and Rivers and Harbors Act §10 for the installation of intake and outfall pipes and a barge unl...

The court rules that the Environmental Protection Agency (EPA) erred in partially approving a 1974 Indiana state implementation plan (SIP) revision with the effect of making the SIP provision significantly more stringent than the state intended. Initially the court rules that the legality of EPA's 1...

The court rules that the Secretary of the Interior did not abuse his discretion in deciding to devote all water from a reclamation project to the conservation of endangered species. The court vacates the district court's holding on the Secretary's obligation to obtain reimbursement of project costs ...

The court holds, in an action under §§104 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover state and federal response costs incurred in cleaning up polychlorinated biphenyls (PCBs) sprayed along North Carolina roadsides, that a third party ac...

The court holds Akron's ordinance monopolizing solid waste disposal exempt from the Sherman Antitrust Act as state action. The city passed the ordinance to fulfill an agreement with the Ohio Water Development Agency (OWDA), which financed the city's solid-waste-fueled Recycle Energy System. The cour...

The court holds that plaintiff in this groundwater contamination suit has constructively complied with the 60-day notice requirements in the Federal Water Pollution Control Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act ...

The court holds that appellant pipeline company is not entitled to recover its oil spill cleanup costs under §311(i)(1)(D) of the Federal Water Pollution Control Act (FWPCA), because its failure to use reasonable care to detect and repair the damage caused by a third party contributed to the ruptur...

The court rules that aerial surveillance of Dow's plant by Environmental Protection Agency (EPA) inspectors searching for Clean Air Act violations does not constitute a Fourth Amendment search and is within EPA's statutory authority. The court initially rules that, contrary to the district court's a...