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In re Smith-Douglass, Inc.

The court holds that a bankruptcy trustee may unconditionally abandon property that contains violations of state environmental laws, since the site poses no imminent health threat and the debtor's estate includes no unencumbered assets to finance the cleanup. The prohibition of the abandonment of pr...

United States v. Indiana Woodtreating Corp.

The court holds that an operator of a wood treating plant violated the Resource Conservation and Recovery Act (RCRA) by treating, storing, or disposing of hazardous waste without obtaining a permit or interim status, and must undertake corrective action. The plant released creosote contaminants into...

Platte Pipe Line Co. v. United States

The court rules that the Claims Court has exclusive jurisdiction over actions against the federal government to recover oil spill cleanup costs. Section 311 of the Federal Water Pollution Control Act provides for exclusive jurisdiction in the Claims Court, and to allow actions to recover oil spill c...

In re Brio Ref., Inc.

The court permits a trustee in bankruptcy to abandon property later discovered to be contaminated with hazardous waste. The bankruptcy court had approved the abandonment pursuant to 11 U.S.C. §554 in April 1983; in October 1984 the Environmental Protection Agency proposed to list the property on th...

State v. Uretek, Inc.

The court holds that adequate evidence supports the conviction of a corporation of storing hazardous waste without a permit required under the Resource Conservation and Recovery Act (RCRA). Defendant, a small quantity generator, was charged with knowingly storing more than ten containers of hazardou...

United States v. Arkwright, Inc.

The court rules that the Environmental Protection Agency's (EPA's) failure to act on a proposed revision to a state implementation plan (SIP) within four months does not bar enforcement of the existing SIP, and EPA may collect civil penalties for the period between the expiration of the four-month S...

Lawlor v. Shannon

The court holds that a provision in Massachusetts' right-to-know law making communication of information obtained about workplace chemical hazardous a criminal offense violates the First Amendment, and the unconstitutional provision is severable from the rest of the statute. The right-to-know law re...

Lykins v. Westinghouse Elec. Corp.

The court grants in part and denies in part defendants' motion to dismiss an action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and the Federal Water Pollution Control Act (FWPCA) by residents an...

Oregon Natural Resources Council v. Lyng

The court holds that the Forest Service's timber sale in the Hells Canyon National Recreation Area does not violate the National Environmental Policy Act (NEPA), the Hells Canyon National Recreation Area Act, or the Federal Water Pollution Control Act (FWPCA). The court first holds that the Forest S...

In re BASF Corp.

The court holds that two environmental groups have standing to appeal the Louisiana Department of Environmental Quality's (DEQ's) assessment of an allegedly inadequate civil penalty against BASF Corporation for violations of state air quality regulations. The court holds that BASF's counsel, who are...