The court holds that nonsettling defendants in a related action are entitled to intervene as of right to challenge a consent decree between the United States and 116 potentially responsible parties involving cleanup of the Lone Pine Landfill in Freehold Township, New Jersey, under the Comprehensive ...

The court enters a consent decree between the Environmental Protection Agency (EPA) and 116 defendants involving cleanup of the Lone Pine Landfill in Freehold Township, New Jersey, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation ...

The court, in a private Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action, holds that the "as is" clause in the landowners' deed bars contractual theories of recovery based on implied representations about the allegedly contaminated property, but doe...

The court rules that the Army Corps of Engineers' denial of a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA) is an unconstitutional taking and warrants just compensation under the Fifth Amendment to the U.S. Constitution. The Corps denied a request from private...

The court holds that environmental groups have standing to challenge rules governing the Department of the Interior's national program for managing coal leasing and mining. The court initially holds that plaintiffs need only present sufficient evidence from which the court can infer the existence of...

The court holds that a public interest group has standing under the Federal Water Pollution Control Act (FWPCA) to sue a New Jersey corporation for violations of its national pollutant discharge elimination system (NPDES) permit, and civil penalties must be paid to the U.S. Treasury and not to a tru...

The court holds that a municipal corporation that issued revenue bonds for a private corporation's acquisition of land and for the construction of a lead recycling plant, and holds indicia of ownership primarily to protect its security interest, is not liable for cleanup costs at the plant as an "ow...

The court upholds the Columbia River Fish Management Plan, which allocated the harvest of salmon and steelhead among northwestern states and tribes. With regard to Idaho's challenges to the plan, the court first rules that the district court employed the proper standard of review and burden of proof...

The court holds that the Federal Aviation Administration's (FAA's) decision that the noise generated by a major new facility planned to replace Denver's Stapleton International Airport will not constitute the "use" of a nearby state park and wildlife refuge under §4(f) of the Department of Transpor...

The court reverses a district court's imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure against an attorney representing California in a case under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The district court imposed the sanctions...