The court rules that a pending petition for reconsideration of an agency action deprives the action of finality, and the petitioning party therefore has no right to review until the agency acts on the petition or the petition is withdrawn. Petitioner, an electric utility in Pennsylvania, constructed...

The court holds that costs of medical screening and future medical monitoring are not response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and plaintiffs cannot maintain a citizen suit under the Resource Conservation and Recovery Act (RCRA) against...

The court enjoins the Navy from conducting dredging operations in connection with its construction of a carrier battle group homeport at Everett, Washington. The court initially holds that factual findings made by Washington state hearing boards during the appeal of the state water quality certifica...

The court rules that the Toxic Substances Control Act (TSCA) implicitly authorizes the Environmental Protection Agency (EPA) to obtain ex parte administrative search warrants. The court first rules that TSCA authorizes EPA to obtain search warrants to fulfill its inspection duties under the Act. TSC...

The court upholds the Michigan Department of Natural Resources' (DNR's) denial of plaintiff's application for a permit under the Inland Lakes and Streams Act (ILSA) to dredge and fill 442 acres of marsh lands. The court first rejects plaintiff's argument that the ILSA is inapplicable on the grounds ...

The court issues a Clean Air Act §113 order requiring the owners and operators of a hotel under renovation to clean up asbestos debris. The court first holds that plaintiff's motion for injunctive relief is not moot. The owners' and operators' long history of noncompliance and recent Environmental ...

The court rules that a plaintiff suing for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) need not specifically allege the manner in which a release has occurred nor detail the types of response costs incurred, and that the 90-day noti...

The court holds that the lessee/buyer of property contaminated by polychlorinated biphenyls (PCBs) cannot recover damages or indemnification from the lessor/seller, and the seller cannot obtain contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from...

The court holds that chemical releases from defendant's facility did not cause plaintiff's groundwater contamination, and defendant is therefore not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or state statutory and common law. The court first rule...

The court holds that the Air Force's environmental impact statement (EIS) on basing 16 large cargo planes adequately considers alternatives, cost, air pollution, and noise pollution. The court first holds that the range of alternatives to the proposed action considered in the EIS is adequate. A deta...