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United States v. New Castle County

The court holds that the United States may not amend its complaint in an action under the Comprehensive Environmental Response, Compensation, and Liability Act to add third-party defendants as defendants, a third-party defendant may not file a fourth-party complaint against transporters, third-party...

Stites v. Sundstrand Heat Transfer, Inc.

The court holds that residents of Dowagiac, Michigan, who allege that they have suffered severe injuries from trichloroethylene (TCE) and other toxic chemicals released from defendant's plant into their drinking water have not shown a genuine issue of material fact for their claim of increased cance...

United States v. Billie

The court holds that the Endangered Species Act (ESA) applies to noncommercial hunting of the endangered Florida panther by Indians on the Seminole reservations, and the ESA's prohibition against possession of the endangered Florida panther does not unconstitutionally infringe upon a Seminole Indian...

Waste Management, Inc. v. EPA

The court upholds the Environmental Protection Agency's (EPA's) decision to defer consideration of all applications for ocean dumping permits for ocean incinerators under the Marine Protection, Research, and Sanctuaries Act (MPRSA) pending promulgation of new regulations specifically governing ocean...

United States v. Rohm & Haas Co.

The court holds that potentially responsible parties (PRPs) in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action are not constitutionally entitled to de novo review of the Environmental Protection Agency's (EPA's) choice of a remedial response, alt...

Friends of the Earth v. Eastman Kodak Co.

The court holds that environmental groups are entitled to attorney fees and expenses in a Federal Water Pollution Control Act (FWPCA) citizen suit that resulted in a consent decree in which defendant agreed to make a $49,000 contribution to an environmental organization, but the district court prope...

Haydo v. Amerikohl Mining, Inc.

The court rules that a federal district court does not have subject matter jurisdiction over a claim for damages based on an alleged violation by an operator of the Surface Mining Control and Reclamation Act (SMCRA) or state regulations in a state that has a federally approved regulatory program und...

Sierra Club v. Chevron U.S.A., Inc.

The court rules that the five-year statute of limitations in 28 U.S.C. §2462 applies to citizen suits under the Federal Water Pollution Control Act (FWPCA) and is tolled 60 days before the filing of the complaint, and that a state agency's nonjudicial enforcement action does not bar a citizen enfor...

United States v. Sharon Steel Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) supersedes Federal Rule of Civil Procedure (FRCP) 17(b) and state law and allows a remedial and cost recovery action to be brought against a corporation dissolved prior to CERCLA's enactment. The ...

United States v. Seymour Recycling Corp.

The court rules that judicial review of the Environmental Protection Agency's (EPA's) remedy selection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is based on the administrative record and applies the arbitrary and capricious standard, in accordance with ...