On remand from the Ninth Circuit, the court holds that a violation is ongoing for purposes of a citizen suit under the Federal Water Pollution Control Act (FWPCA) if the same parameter has been exceeded or if a violation recurs and the cause has not been completely eradicated. The court first holds ...
The court holds that comprehensive general liability insurance covers liability for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act and the Massachusetts Oil and Hazardous Materials Release, Prevention, and Response Act. The court first holds that the i...
The court holds that a coalition of timber industry groups may not intervene as a defendant concerning plaintiffs' claim that the Bureau of Land Management violated the National Environmental Policy Act (NEPA) by failing to prepare a supplemental environmental impact statement for Oregon timber mana...
The court holds that a congressional continuing resolution limiting judicial review of Bureau of Land Management timber management plans does not necessarily preclude a challenge to timber sales in old growth timber stands in Oregon that provide habitat for the northern spotted owl. The resolution w...
The court holds that a consent decree filed to bring a steel plant into compliance with the Clean Air Act may not be modified based on the plant's sale to new owners or based on the economic needs of the steel industry. In 1979, the district court had approved a consent decree that, after several am...
The court holds that it has no subject matter jurisdiction over a claim that the Environmental Protection Agency (EPA) failed to prepare an environmental impact statement (EIS) or conduct an adequate remedial investigation/feasibility study (RI/FS) in its action to clean up contamination at a site i...
The court holds that it has no subject matter jurisdiction over a claim that the Environmental Protection Agency (EPA) failed to prepare an environmental impact statement (EIS) or conduct an adequate remedial investigation/feasibility study (RI/FS) in its action to clean up contamination at a site i...
The court generally upholds the Secretary of the Interior's five-year outer continental shelf (OCS) oil and gas leasing plan for 1987-1992. The court initially denies petitioners' motion to supplement the record with data indicating that a lease sale offshore northern California would produce much m...
The court holds a chemical company that disposed of hazardous waste liable for contamination of drinking water, but reverses much of the damages awarded by the district court. The court first finds that it has subject matter jurisdiction. Although the defendant properly challenged the individual dam...
The court holds that the Corps of Engineers' assertion of jurisdiction under §404 of the Federal Water Pollution Control Act (FWPCA) over a 153-acre parcel in Alameda County, California, was unreasonable. The court first holds that the proper standard of review for the Corps' interpretation of the ...