The court holds that a parent corporation is not liable for cleanup costs for which its subsidiary is liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Louisiana Environmental Quality Act. The court first rules that CERCLA does not provi...

The court holds that contribution claims may be asserted against a municipality and a local aviation board by the generator defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action brought by the United States. The municipality and the aviat...

The court holds that a preliminary injunction is appropriate on an environmental group's claims that the Forest Service failed to publish a proper notice of its decision to reoffer a timber contract in an old growth area of a national forest, the resale violates the Service's clearcutting guidelines...

The court holds that a lender is not an owner or operator of a hazardous waste site under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the lender's activities in connection with an auction after foreclosure may be sufficient to impose liability....

The court holds that plaintiff in a citizen suit under the Federal Water Pollution Control Act (FWPCA) has provided sufficient evidence on defendant's motion for summary judgment to show that defendant "is in violation" of its national pollutant discharge elimination system (NPDES) permit. Plaintiff...

The court holds that a trade organization of hazardous waste treatment firms and a member company lack standing to challenge the Environmental Protection Agency's (EPA's) decisions to extend a deadline under the Resource Conservation and Recovery Act (RCRA) and to authorize disposal of hazardous was...

The court holds that an environmental group that has so far obtained only part of the relief that it requested may be awarded attorneys fees under the Equal Access to Justice Act (EAJA). Plaintiff environmental group had challenged a decision by the Fish and Wildlife Service (FWS) to eradicate the r...

The court holds that the Environmental Protection Agency's (EPA's) decision to permit the continued sale and use of existing stocks of chlordane and heptachlor pursuant to a settlement agreement in which the manufacturer agreed to voluntarily cancel the registrations does not violate the Federal Ins...

The court holds that the New Jersey Worker and Community Right-to-Know Act's container labeling provisions are generally not preempted by the Occupational Safety and Health Act's (OSH Act's) hazard communication standard. In a previous case, New Jersey State Chamber of Commerce v. Hughey, 15 ELR 210...

The court holds that under the Resource Conservation and Recovery Act (RCRA), interim status was lost automatically on November 8, 1985, if a facility did not certify compliance with all applicable requirements, and RCRA §3008(h) corrective action orders are available where there has been a release...