The court holds that parties that entered into a settlement under which land would be transferred to the Fish and Wildlife Service (FWS) for use as a wildlife refuge to mitigate the impacts of a flood control and highway improvement project need not obtain a development permit from a city attempting...
The court holds that the state is not a responsible party subject to the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) contribution provision in actions seeking response costs and natural resource damages at two municipal landfills. The court first holds that the...
The court holds that the Corps of Engineers' decision not to revoke, suspend, or modify a Federal Water Pollution Control Act §404 permit for a commercial project near St. Louis after the project was modified to substitute a domed football stadium for some of the originally planned facilities was r...
The court holds that the Corps' decision not to revoke, suspend, or modify a Federal Water Pollution Control Act §404 permit for a commercial project near St. Louis after the project was modified to substitute a domed football stadium for some of the originally planned facilities was reasonable. Th...
The court, on a motion for reconsideration, holds that the environmental Protection Agency (EPA) may not bring a Clean Air Act enforcement action for violation of an existing state implementation plan (SIP) when a proposed SIP revision is pending against a source that has complied with the proposed ...
The court holds that under the Hazardous Materials Transportation Act (HMTA), the Department of Transportation (DOT) may not require New York City to make a threshold showing of exceptional circumstances when it seeks a DOT determination that the HMTA does not preempt city regulations. New York City...
The court, sitting en banc, holds that the Clean Air Act (CAA) preempts a Florida statute that requires the owner of an imported automobile not in compliance with CAA and Motor Vehicle Safety Act standards to obtain certification of compliance with these standards from the federal government before ...
The court holds that Resource conservation and Recovery Act (RCRA) §6001 waives the federal government's sovereign immunity from state actions for civil penalties under state law, and from state hazardous waste fees. The court first holds that RCRA §6001 waives the federal government's sovereign i...
The court holds that a third-party complaint in a hazardous waste cleanup case alleging that three parent corporations should be responsible for environmental contamination caused by their subsidiary fails to establish a sufficient basis for piercing the corporate veil under New Jersey common law. T...
The court holds that the Environmental Protection Agency (EPA) may not bring a Clean Air Act enforcement action against a company in compliance with an alternate method of control (AMOC) approved by the Texas Air Board. The AMOC is not a state implementation plan (SIP) revision requiring EPA's appro...