The court affirms the district court's issuance of a preliminary injunction banning the importation into the United States of yellowfin tuna from Mexico under the Marine Mammal Protection Act (MMPA). Under the MMPA, the Secretary of the Treasury is required to ban imports of yellowfin tuna products ...
The court holds that the bar on preenforcement review in §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies to constitutional challenges to Environmental Protection Agency (EPA) response actions. The language of CERCLA §113(h) does not provide exp...
The court rules that the transporter defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action are subject to transporter liability under §107(a)(4) only when they select the disposal site for the hazardous waste transported. The generator defendants were...
The court holds that it will apply the proportionate credit rule under the Uniform Comparative Fault Act (UCFA), rather than the pro tanto rule in the Uniform Contribution Among Tortfeasors Act, in determining whether to approve private-party settlement agreements in a Comprehensive Environmental Re...
The court holds that the Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 permit to fill wetlands on plaintiff developer's property did not constitute a compensable taking in violation of the Fifth Amendment to the U.S. Constitution. Plaintiff purchased several ...
The court rules that a municipality may not bring an action for natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and that a municipality is not entitled to have the burden placed on defendants to show that its response actions are inc...
In a claim for money damages under the Tucker Act, the court holds that the Environmental Protection Agency (EPA) acted within its discretion under the Federal Water Pollution Control Act (FWPCA) in withholding additional funding from a municipality for the acquisition of an existing wastewater trea...
The court holds that a consent decree resolving claims for cleanup costs and natural resource damages under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is fair, reasonable, and consistent with the remedial objectiv...
The court holds that a corporate successor that purchased all the stock of a company that allegedly disposed of hazardous substances at a site approximately 12 years earlier may be liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). App...
The court holds that a landowner may be indemnified under a comprehensive general liability policy for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act. The court first holds that the landowner's claim is not barred by the policy's owned property exclusi...