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United States v. Mexico Feed & Seed Co.

The court holds that a dissolved waste oil company and its president are primarily liable for governmental response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and an energy company that purchased the waste oil company's assets is liable under CERC...

Atlantic States Legal Found. v. Whiting Roll-Up Door Mfg. Corp.

The court holds that the Emergency Planning and Community Right-to-Know Act (EPCRA) authorizes citizen suits for reporting violations that are not continuing at the time the lawsuit is filed. The plain meaning of EPCRA's reporting, enforcement, and civil penalty provisions compel this conclusion. To...

Hazardous Waste Treatment Council v. South Carolina

The court upholds a preliminary injunction, as modified, barring South Carolina from enforcing, applying, or attempting to apply portions of two state executive orders and two state statutes relating to the management of in-state and out-of-state hazardous waste. The executive orders and statutes co...

New York v. United States

The court rules that the Low-Level Radioactive Waste Policy Amendments Act does not violate the Tenth or Eleventh Amendments to, or the Guarantee Clause of, the U.S. Constitution. The Act requires states to provide for proper disposal of low-level radioactive waste (LLRW). If a state fails to do so ...

In re Sierra Club

The court holds that environmental organizations are entitled to intervene in a suit by hazardous waste treatment companies seeking to enjoin the enforcement of a South Carolina hazardous waste facility permitting regulation. The regulation requires applicants to demonstrate in-state need before obt...

Seattle Audubon Soc'y v. Evans

The court orders the Forest Service to prepare a new record of decision and environmental impact statement on logging in northern spotted owl critical habitat by February 3, 1992, effective March 3, 1992; to comply with the requirements of the National Forest Management Act by March 5, 1992; and to ...

Environmental Defense Fund v. Massey

The court holds that it lacks subject matter jurisdiction to review a motion to enjoin the National Science Foundation's interim and permanent incinerator operations in Antarctica for not complying with the environmental analysis preparation requirements under the National Environmental Policy Act (...

Supporters to Oppose Pollution v. Heritage Group

The court holds that a Resource Conservation and Recovery Act (RCRA) citizen suit against landfill operators is barred by plaintiffs' failure to provide defendants with the required 90-day nonadversarial notice period and by res judicata. The court construes the Supreme Court's decision in Hallstrom...

Public Interest Research Group of N.J. v. New Jersey Expressway Auth.

The court holds that a §505 Federal Water Pollution Control Act (FWPCA) citizen suit, seeking statutory penalties against a wastewater treatment plant for its nearly 5,000 violations of its national pollutant discharge elimination system permit, is not precluded by the state's prior enforcement act...

Maryland Casualty Co. v. W.R. Grace & Co.

The court holds that insurance companies that issued comprehensive general liability policies to an asbestos manufacturer and distributor are obligated on the risk undertaken when asbestos was installed in buildings involved in the underlying litigation against the manufacturer. The court first hold...