The court holds that plaintiffs may proceed with their suit seeking to enjoin the Secretaries of Energy, Interior, and Agriculture from approving, funding, or participating in programs that contribute to the greenhouse effect without evaluating the impacts under the National Environmental Policy Act...

The court holds that environmental groups are entitled to a preliminary injunction to halt construction of a creek diversion facility until the Bureau of Land Management (BLM) and the Army Corps of Engineers (the Corps) prepare an environmental impact statement (EIS). Plaintiffs raised substantial q...

The court holds that corporations that approve shipments of raw material to a site, purchase all of its output, and provide names of raw material suppliers are not liable for contribution to response cost recovery under §§107(a) and 113(f)(1) of the Comprehensive Environmental Response, Compensati...

The court holds that the Bureau of Land Management could not convey lands underlying segments of a river to a native regional corporation under the Alaska Native Claims Settlement Act because the segments were navigable and therefore property of the state of Alaska not subject to conveyance by the f...

The court holds that Pennsylvania's Hazardous Sites Cleanup Act (HSCA) does not provide for private causes of action for response costs and damages resulting from the release or threatened release of hazardous substances. The court holds that HSCA §§507(a) and 702(a) do not by themselves create a ...

The court holds that the bar on preenforcement review in §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act applies to constitutional challenges to Environmental Protection Agency (EPA) response actions. The court also holds that EPA may conduct a remedial investig...

The court holds that successful Federal Water Pollution Control Act (FWPCA) plaintiffs are entitled to $273,990 in litigation costs and attorney fees under FWPCA §505(d), which is significantly less than they had requested. The court holds that the plaintiffs' attorneys billed grossly excessive hou...

The court holds that the forum rate rule is to be applied in actions under Federal Water Pollution Control Act §505(d) to recover attorney fees unless special expertise of counsel from a distant district was required or local counsel was unavailable. On reconsideration of its earlier decision award...

The court holds that interest on response costs and enforcement costs are recoverable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107; that there is no right to a jury trial in actions for recovery of response costs under §107; that the government is not e...

The court holds that the Alaska Department of Environmental Conservation (DEC) may certify draft national pollution discharge and elimination system (NPDES) permits covering a number of permittees, provided the certification ensures that state water quality standards will be met. The Environmental P...