The court holds that a federal indictment charging defendants with asbestos-related violations of the Clean Air Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not barred by the Double Jeopardy Clause of the Fifth Amendment. Defendants moved to dismiss t...

The court holds that the Federal Energy Regulatory Commission (FERC) improperly dismissed petitioner's application for a hydroelectric power plant license on the grounds that petitioner did not have the necessary state certification covering water quality standards under Federal Water Pollution Cont...

The court holds that the pollution exclusion clause of a general commercial liability insurance policy bars coverage for an insured's costs of defending an environmental pollution action involving styrene gas emissions and pollution control equipment installation. After a planning commission issued ...

The court holds that six of the seven remaining defendants are jointly and severally liable to the United States under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs at the Hardage hazardous waste site in Oklahoma. The court holds that the Unite...

The court holds that the remaining defendant in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action involving the Hardage hazardous waste site in Oklahoma is liable as a transporter under CERCLA §§106(a) and 107(a)(4). The court holds that the United States esta...

In the remedy selection phase of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action, the court selects defendants' proposed containment remedy for the Hardage site in Oklahoma instead of the government's more expensive excavation remedy. The court notes that the ...

The court rules that the Endangered Species Act's (ESA's) 60-day notice requirement is not jurisdictional and the United States Forest Service's (USFS') management practices in Texas national forests harmed the red-cockaded woodpecker in violation of the ESA. Pending a trial on the merits of environ...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies retroactively to responsible parties for preenactment response costs incurred by the city of Philadelphia at its Enterprise Avenue landfill. During 1974 and 1975, transporters of hazardous...

The court holds that a defendant that arranged for disposal or treatment of an emulsion generated in the hot rolling of aluminum ingots is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs not covered in a settlement agreement among 82...

The court holds that agricultural interests may intervene by right in one count of a suit to establish the numeric water quality standards applicable to their property. In count I of its amended complaint, the United States contends that the South Florida Water Management District's (SFWMD's) failur...