The court holds that the Occupational Safety and Health Act (OSH Act) does not preempt a state criminal prosecution of an employer for criminally negligent homicide in the deaths of employees. A corporation and its president pled nolo contendere to the offense of criminally negligent homicide in the...
The court holds that various sets of counterclaims raised by a corporate defendant in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action are not duplicitous, and CERCLA does not authorize private-party recovery of attorney fees. The state of New Yor...
The court holds that an officer and former majority shareholder of an asbestos product manufacturing facility is not personally liable for cleanup costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court upholds the district court's findin...
The court holds that a district court abused its discretion by discharging Alabama from liability on a $564,970 bond that the state posted in connection with its action to enjoin the shipment of hazardous waste into the state from Texas. The bond was required under Federal Rules of Civil Procedure R...
The court holds that the New York Department of Environmental Conservation (DEC) may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred due to the DEC's alleged negligence in moving barrels of hazardous waste from a site in ...
The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) bars an action challenging the excavation and construction of a boating slip on a Superfund site. The activity is part of a remediation plan under a consent decree for an adjacent Superfund s...
The court holds that a potentially responsible party cannot challenge the construction of a boating slip on a Superfund site as part of the remedial action plan for an adjacent site at which plaintiff is not involved because plaintiff lacks standing and §113(h) of the Comprehensive Environmental Re...
The court holds that the doctrine of equitable tolling permits environmental groups to challenge timber sales in old growth forests of the Pacific Northwest. Section 318 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (Appropriations Act) requires that ...
The court holds that an insurance company is not required to indemnify its insured for losses resulting from the release by vandals of fuel oil from the insured's holding tank. The court first holds that a total pollution exclusion clause in a certificate of insurance issued to the insured and dated...
The court holds that the Environmental Protection Agency (EPA) properly denied Pennsylvania's proposed second supplement to its Clean Air Act state implementation plan (SIP) that would relieve the state from taking the additional measures promised in supplement one. Pennsylvania alleges that new dat...