The court holds that the operator of a metal finishing facility is liable for violations of the Resource Conservation and Recovery Act's (RCRA's) loss of interim status (LOIS) provisions and for violations of an administrative consent decree entered into with the Environmental Protection Agency (EPA...

The court holds that the Nuclear Regulatory Commission's (NRC's) regulation allowing the agency, in evaluating a utility emergency plan, to presume that in an emergency state and local officials will attempt to protect the public and will generally follow the utility plan, is not arbitrary or capric...

The court upholds the award of compensatory and punitive damages for tort claims based on salt contamination of irrigation water supplies. Farmers claimed that a neighboring salt manufacturing plant had added excessive levels of salt to the groundwater used by the farmers for irrigation. The court f...

The court holds that the sellers of a waste management company breached express warranties to the buyers by conveying a waste disposal facility that was leaking and in violation of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liabi...

The court holds that listing only response costs incurred by federal and state agencies is insufficient to maintain a private claim under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and that private plaintiffs have failed to allege that the notice provisi...

The court vacates a district court decision, 18 ELR 21085, holding that the Environmental Protection Agency's allegedly negligent hiring and supervision of a hazardous waste contractor falls within the discretionary function exemption of the Federal Tort Claims Act. Since the time of the district co...

The court holds that the Marine Protection, Research, and Sanctuaries Act (MPRSA), rather than the Federal Water Pollution Control Act (FWPCA), applies to the designation of a new dredged material disposal site in Long Island Sound, and that the Corps of Engineers' environmental impact statement (EI...

The court holds that there is no federal common-law nuisance claim for air or water pollution caused by stream diversions. The diversions lowered the level of Mono Lake, causing air pollution when the wind picked up dust from the exposed lake bed. The court first holds that the Federal Water Polluti...

In four consolidated appeals, the court holds that the Bureau of Land Management's (BLM's) review of placer mines disturbing less than five acres of public lands per year is not a major federal action under the National Environmental Policy Act (NEPA), plaintiffs' challenges under NEPA and the Alask...

The court upholds the Environmental Protection Agency's (EPA's) general national pollutant discharge elimination system permit for oil and gas operations on the outer continental shelf in the Gulf of Mexico, but remands the provisions of the permit pertaining to alternative toxicity limits and limit...