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Solar Turbines, Inc. v. Seif

The court holds that an administrative order issued under Clean Air Act §167 by the Environmental Protection Agency (EPA) directing the owner of a gas turbine cogeneration facility to cease construction activities is final agency action and reviewable only in the court of appeals under §307(b). Th...

Solar Turbines, Inc. v. Seif

The court holds that the district court lacked jurisdiction over a challenge to the Environmental Protection Agency's (EPA's) administrative order under the Act's prevention of significant deterioration (PSD) enforcement provision directing the operator of a gas turbine cogeneration facility to halt...

Ohio v. Department of the Interior

The court rules that portions of the Interior Department's "Type B" regulations for assessing natural resource damages under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 and Federal Water Pollution Control Act (FWPCA) §311(f) violate congressional intent, and...

Johnstown, City of v. Bankers Standard Ins. Co.

The court holds that insurers have a duty to defend a city in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action brought by the state for contamination at the city's landfill, even though the city knew of the contamination. The court first holds tha...

United States v. Carr

The court holds that the reporting requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §103 apply to any person, regardless of rank, who is responsible for the operation of a facility and is in a position to detect, prevent, and abate a release of haza...

United States v. Hoflin

The court upholds an individual's convictions under §3008(d)(2)(A) of the Resource Conservation and Recovery Act (RCRA) for aiding and abetting the improper disposal of hazardous wastes and under §309(c)(1) of the Federal Water Pollution Control Act (FWPCA) for burying sludge in violation of a dis...

National-Standard Co. v. Adamkus

The court rules that §3007(a) of the Resource Conservation and Recovery Act (RCRA) authorizes the Environmental Protection Agency (EPA) to inspect and take samples at ahazardous waste facility, and holds that EPA's administrative search warrant issued properly. The court initially holds that EPA wa...

Oregon Natural Resources Council v. Lyng

The court holds that a Forest Service sale of dead timber in the Hells Canyon National Recreation Area did not violate the National Environmental Policy Act (NEPA), the Federal Water Pollution Control Act (FWPCA), or §8(f) of the Hells Canyon National Recreation Area Act (HCNRA Act), but that §10 ...

Neighborhood Toxic Cleanup Emergency v. Reilly

The court holds that it lacks jurisdiction over a citizen suit under §310 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) seeking to enjoin implementation of a remedial action at a landfill site in New Jersey. Plaintiffs allege that implementation of the Enviro...

Jones Truck Lines v. Transport Ins. Co.

The court holds that although the costs the insured voluntary incurred in cleaning up its dioxin contaminated land are "damages" as that term is used in its general comprehensive liability insurance coverage, the "owned property exclusion" clause precludes coverage for expenses incurred in remedying...