The court holds that the jury instructions accurately stated the law and that the trial court did not abuse its discretion in declining to grant a mistrial to a violator of the Clean Air Act (CAA) criminal provisions regulating release of asbestos, and Comprehensive Environmental Response, Compensat...

The court holds that it lacks jurisdiction to review the Environmental Protection Agency's (EPA's) approval of a state listing decision and individual control strategy under §304(l) of the Federal Water Pollution Control Act (FWPCA). A company in the business of painting and coating steel coils cha...

The court affirms the conviction of six Taiwanese fishermen for violating the Lacey Act by conspiring to import salmon into the United States while knowing that it had been taken in violation of a Taiwanese regulation prohibiting Taiwanese squid fishing vessels from catching salmon. Relying on prece...

The Court rules that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not explicitly, implicitly, or by actual conflict preempt local governmental regulation of pesticide use. The Court reverses a decision of the Wisconsin Supreme Court, which held that FIFRA preempts a local ord...

The court holds that the district court improperly held that the pollution exclusion clause in comprehensive general liability insurance policies does not bar coverage for claims against a county arising from pollution leaching from two county landfills. The court first holds that it has appellate ...

The court enjoins the Postal Service from constructing a new mail facility to serve Westchester and Putnam counties in New York pending completion of an environmental impact statement (EIS). The court first holds that the Postal Service's promulgation of a finding of no significant impact on the env...

The court holds that an administrative law judge (ALJ) did not act arbitrarily or capriciously in imposing a $20,000 penalty on a chemical plant that failed to immediately notify the national response center (NRC) of a hazardous substance release from its plant, as required under §103(a) of the Com...

The court rules that Congress waived the federal government's sovereign immunity to civil penalties for violations of the Federal Water Pollution Control Act (FWPCA), and as a matter of first impression, the court holds that federal agencies may be liable for civil penalties under the FWPCA's citize...

The court holds that it lacks subject matter jurisdiction over claims in a Federal Water Pollution Control Act (FWPCA) citizen suit that owners/operators of an oil refinery in Lima, Ohio, are in violation of their National Pollutant Discharge Elimination System (NPDES) permit. Based on the Supreme C...

The court holds that franchise contracts between a gasoline station proprietor and his franchisor bar state claims by the proprietor's estate against the franchisor for reimbursement of cleanup and underground tank removal costs and for contribution and indemnification of cleanup costs. The franchis...