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Van Abbema v. Fornell

The court rules that the Army Corps of Engineers in part properly issued a permit under §10 of the Rivers and Harbors Act, but that on the record the court cannot conclude that the Corps adequately evaluated the economics of and alternatives to the facility to be permitted. Initially, the court hol...

Fishel v. Westinghouse Elec. Corp.

The court holds that the imposition of a $10,000 civil penalty against one codefendant found in violation of the Resource Conservation and Recovery Act (RCRA) and the Federal Water Pollution Control Act (FWPCA) is reasonable taking into account the factors enumerated in the Environmental Protection ...

Coalition Against a Raised Expressway v. Dole

The court holds that the Department of Transportation (DOT) and the Federal Highway Administration violated §4(f) of the DOT Act by failing to determine that significant indirect impacts on historic sites located near a proposed interstate highway connector in Mobile, Alabama, constitute a construc...

Idaho v. Bunker Hill Co.

The court rules on motions for summary judgment brought by insurance companies regarding their duty to defend and indemnify their insured in an action brought by the state of Idaho under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state law. The court initi...

Utah State Dep't of Health v. Ng

The court holds that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to §107 actions, a state may not seek injunctive relief under CERCLA §107, and the state's failure to comply with the 90-day notice of...

ENSCO, Inc. v. Dumas

The court holds that the Resource Conservation and Recovery Act (RCRA) preempts a Union County, Arkansas, ordinance banning the storage, treatment, or disposal of acute hazardous waste. RCRA §3009 allows local governments to impose regulations more stringent than federal requirements and thus does ...

Electric Power Bd. of Chattanooga v. Monsanto Co.

The court holds that Tennessee's statute of repose and the state's Products Liability Act bar the claims of plaintiff electric utilities boards for damages suffered by them because of the existence of polychlorinated biphenyls (PCBs) in equipment purchased from the defendant more than 10 years prior...

Electric Power Bd. of Chattanooga v. Monsanto Co.

The court holds that the Tennessee statute of repose is preempted by §309 of the Comprehensive Environmental Response, Compensation, and Liability Act, added by the 1986 Superfund amendments, with regard to actions for damages involving exposure to hazardous substances. The court holds that the sta...

United States v. Tyson

The court holds that the past and present owners of the Tyson's Lagoons dumpsite in Pennsylvania and companies that disposed of industrial wastes there are responsible parties (RPs) liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the Environmenta...

Citizens for an Orderly Energy Policy v. Suffolk, County of

In a per curiam opinion, the court holds that Suffolk County's resolutions not to participate in off-site emergency evacuation planning for a proposed nuclear power plant do not violate and are not preempted by the Atomic Energy Act, the Supremacy Clause, or 42 U.S.C. §1983. The resolutions do not ...