The court holds that a district court properly denied a motion for a preliminary injunction in a challenge to federal and state agencies' approval of the conversion of segments of the Seneca State Park in Maryland to highway use. The court first holds that the district court properly concluded that ...
The court holds that Nevada lacks standing to challenge the Bureau of Land Management's (BLM's) issuance of a right-of-way authorizing the Department of Energy (DOE) to study the Yucca Mountain area as a potential repository of high-level radioactive waste and spent nuclear fuel. The court holds tha...
The court holds that Alabama state officials do not have standing under the Fifth Amendment or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to challenge the Environmental Protection Agency's (EPA's) selection of remedy to clean up a hazardous waste site in Texas...
The court declines to reconsider an earlier order holding that a Federal Water Pollution Control Act (FWPCA) citizen suit defendant's bioplant bypasses constitute violations of its national pollutant discharge elimination system (NPDES) permit. In its earlier decision, the court held that the Califo...
In a decision designated not for publication, the court holds that an insurer has no duty to indemnify or defend its insureds for hazardous waste cleanup costs. The court holds that under Tennessee law, the pollution exclusion clause is unambiguous and excludes hazardous waste cleanup costs and liti...
The court holds that an environmental organization has standing to challenge the Bureau of Land Management's (BLM's) decision to lift protective restrictions on 180 million acres of public land. The National Wildlife Federation (NWF) challenged BLM's implementation of its land withdrawal review prog...
The Supreme Court rules that states may be sued for money damages under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107, and that this is a proper exercise of congressional authority under the Constitution's Commerce Clause. Five separate opinions were filed in t...
The court denies an environmental group's motion to amend their complaint in a Clean Air Act (CAA) challenge to a Brooklyn development project to add three claims and the Department of Commerce as a defendant. The court first holds that the U.S. Environmental Protection Agency's (EPA's) duty under C...
The court dismisses a complaint against the Department of Housing and Urban Development (HUD) alleging a violation of Clean Air Act (CAA) §176(c) for failing to monitor the compliance of a Brooklyn development project tentatively approved for HUD funding. An earlier decision held that HUD's prelimi...
The court holds that pesticide manufacturers may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) for hazardous substance contamination resulting from releases occurring during the pesticide formu...