The court holds that the Army Corps of Engineers properly issued a Nationwide Permit Number 26 (NWP 26) to supersede the §404 permit it previously issued pursuant to the Federal Water Pollution Control Act. The Corps originally issued a §404 permit that incorporated the Kentucky Natural Resources ...

The court rules that deep well injection is subject to corrective action requirements under §3004(u) of the Resource Conservation and Recovery Act (RCRA). Two steel manufacturers in northern Indiana argue that a deep injection well is a point source subject to the permit requirements of §402 of th...

The court generally upholds the Environmental Protection Agency's (EPA's) 1987 revisions to the Clean Air Act national ambient air quality standards (NAAQS) for particulate matter against challenges from industry and environmental groups. The 1987 revisions apply to particles with an aerodynamic dia...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not authorize service of process in a foreign country. The defendants, who reside in Canada and were served there, are alleged to be owners and operators of the Liquid Disposal, Inc. site in ...

The court holds that the Army Corps of Engineers' negative response to a landowner's request for confirmation that the nationwide Federal Water Pollution Control Act dredge and fill permit applies to the landowner's property is not final agency action. Even if the Corps' response were considered age...

The court holds that the portion of the Environmental Protection Agency's (EPA's) gasoline volatility regulations concerning affirmative defenses to presumptive liability for tank-truck carriers are arbitrary and capricious. The court upholds the Volatility Regulations for Gasoline and Alcohol Blend...

The court holds that challenges by two oil industry associations to the constitutionality of land use ordinances passed by various coastal cities and counties in California are not ripe. The ordinances regulate the onshore facilities used to support offshore and outer continental shelf (OCS) oil and...

The court holds moot a company's appeal of a district court order denying its motion to quash evidence from the execution of an administrative warrant issued to the Environmental Protection Agency (EPA) under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act. EPA ...

The court holds that although Michigan case law precludes continuous or ongoing pollution occurrences from being within the "sudden and accidental" exception to the standard pollution exclusion clause in industrial liability insurance policies, discrete and isolated events that occur over a long tim...

The court holds that an electrical transformer repair company and two of its corporate officers are liable for response costs and treble damagesunder the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that the company is jointly and severally li...