The court holds that an insured's recovery of response costs under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) is not limited to the value of the affected property. The court previously held that CERCLA response costs are recoverable under a comprehensive gene...
The court holds that the New Jersey Department of Environmental Protection is not required to show irreparable harm to obtain an order under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104(e) granting access to land to perform a cleanup. Plaintiffs seeking in...
The court holds that the United States is not time barred from seeking injunctive relief and civil penalties against property owners for Federal Water Pollution Control Act (FWPCA) violations. Property owners discharged pollutants onto their wetlands property without a permit from 1980 to 1988. The ...
The court holds that the Bureau of Land Management's (BLM's) finding of no significant impact (FONSI) for a county's plan to improve a road segment running between two wilderness study areas is supported by the administrative record and is adequate under the National Environmental Policy Act (NEPA)....
The court holds that the United States is entitled to recover its direct response costs under Comprehensive Environmental Response, Compensation, and Liability Act §107 incurred at a hazardous waste disposal site from owners and operators of the site and from generators and transporters of hazardou...
The court rules that the "Holley Bill," an Alabama statute that prohibits importation of hazardous waste shipments from states without capacity assurance plans under §104(c)(9) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and two sets of Alabama regulations...
The court holds that a corporation is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the activities of its wholly owned subsidiary. The court initially declines to withdraw the reference of the case to the bankruptcy court. The federal District Co...
The court holds that the land owned by plaintiff adjacent to the West Bay of Devil's Lake in North Dakota is subject to the doctrines of submergence and reliction, despite plaintiff's quiet title judgment against the state in 1929 and a quitclaim deed from the state in 1949. The water level of Devil...
The court holds that shareholders of a closely held corporation can be held responsible for the corporation's liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Plaintiff brought a CERCLA contribution action against selling shareholders of a corporati...
The court holds that the Board of Health and Environmental Sciences erred in amending the §401 Federal Water Pollution Control Act (FWPCA) certification granted to the Milk River Irrigation Districts and the city of Gillette, Wyoming, by the State Department of Health and Environmental Services. Mi...