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National Wildlife Fed'n v. U.S. Forest Serv.

The court modifies a 1984 judgment that enjoined timber sales in the Mapleton Ranger District of the Siuslaw National Forest pending the Forest Service's compliance with the National Environmental Policy Act (NEPA). The court holds that §318 of the Department of the Interior Appropriations Act for ...

United States v. Stringfellow

The court holds that the special master properly directed the verdict after finding California liable for pre-1980 activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs at the Stringfellow site. The court holds that by consenting to the...

Mraz v. Occupants of Providence Site

The court holds that it lacks jurisdiction to hear a challenge to a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) until the government files a cost recovery suit or orders plaintiffs to conduct their own cleanup. Plaintiffs seek to require th...

United States v. Allied-Signal Corp.

The court holds that de novo review of the Navy's remedial action plan for cleanup of a contaminated weapons station, rather than administrative record review, is the appropriate standard of review under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...

Save the Dunes Council v. Lujan

The court rules that the Secretary of the Interior is not compelled to purchase a portion of a sand dune to add to a national lake shore where the market value of the property is greater than the amount prescribed by Congress in the authorizing statute. Congress authorized the Secretary of the Inter...

Schalk v. Reilly

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars judicial review of local residents' challenges to a cleanup plan to be undertaken at a hazardous waste site in Indiana. The cleanup plan included surface excavation, capping aband...

Kelley v. Thomas Solvent Co.

The court holds that two corporations are jointly and severally liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and rules that a corporate officer is individually liable for response costs if the officer could have prevented or sign...

Kelley v. Thomas Solvent Co.

The court rules that a corporate officer is individually liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if the officer could have prevented or significantly abated the hazardous waste discharge. CERCLA varies traditional corporate p...

Reardon v. United States

The court rules that the imposition of a lien by the Environmental Protection Agency (EPA) under §107(l) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not an unconstitutional deprivation of property or procedural due process, and the preclusion of preenfor...

Atlas Corp. v. United States

The court rules that corporations that entered into contracts with the U.S. Atomic Energy Commission (AEC) to produce uranium or thorium cannot recover costs expended to stabilize mill tailings as required by the Uranium Mill Tailings Radiation Control Act (UMTRCA), and imposition of the Act's taili...