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Colorado v. Idarado Mining Co.

The court holds that the district court lacked authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to issue an injunction requiring defendants to perform Colorado's cleanup plan at hazardous waste sites near defendants' mining operations. The court init...

Werlein v. United States

The court holds, for the most part, that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars injunctive relief claims under CERCLA, the Resource Conservation and Recovery Act (RCRA), the Federal Water Pollution Control Act (FWPCA), and the Minnesota En...

Canada Community Improvement Soc'y v. Michigan City, City of

The court holds that notice was inadequate in a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) alleging violations of the FWPCA and the National Environmental Policy Act (NEPA) against the Army Corps of Engineers and local officials. The citizen groups challenged a 10-ye...

Channel Master Satellite Sys., Inc. v. JFD Elecs. Corp.

The court holds that plaintiff in a private Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action failed to show that its response costs at a site in Oxford, North Carolina, were consistent with the national contingency plan (NCP). A property owner sough...

Chemical Mfrs. Ass'n v. EPA

The court upholds Environmental Protection Agency (EPA) regulations under §3004(a) of the Resource Conservation and Recovery Act (RCRA) prohibiting the continued receipt of nonhazardous wastes by unretrofitted surface impoundments that are not first emptied of accumulated hazardous waste. In 1981, ...

Columbia River Serv. Corp. v. Gilman

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt state statutes determining the capacity of a corporation to be sued and that shareholders of a dissolved corporation may be held individually liable under CERCLA as owners/operato...

Conservation Law Found. of New England v. Reilly

The court orders the Environmental Protection Agency (EPA) to conduct, within 18 months of this decision, a preliminary assessment of each facility listed on the Federal Hazardous Waste Compliance Docket (FHWCD) as of October 17, 1986, and to complete within 30 months evaluations of these facilities...

Blue Ocean Preservation Soc'y v. Watkins

The court holds that, although material issues of fact remain regarding the Department of Energy's (DOE's) commitment to implementing the third phase of a four-phase geothermal energy project in Hawaii, the separate phases of the project constitute major federal actions that are sufficiently "connec...

Carr v. Alta Verde Indus.

The court holds that a cattle feedlot owner's failure to obtain a national pollutant discharge elimination system (NPDES) permit constituted a continuing violation of the Federal Water Pollution Control Act (FWPCA) and that future discharges from the feedlot will constitute intermittent FWPCA violat...

Delaware Valley Citizens' Council for Clean Air v. Davis

The court holds that the district court lacked jurisdiction under Clean Air Act §304 over three counts in a citizen suit charging that the ozone state implementation plan (SIP) submitted by Pennsylvania violated the Clean Air Act, but the district court improperly dismissed a fourth count for failu...