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Dickerson v. Administrator

The court holds that the Environmental Protection Agency (EPA) was authorized to enter appellants' property and remove hazardous substances pursuant to §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that appellants are not entitled to preenforcement j...

Chemical Waste Management, Inc. v. EPA

The court approves stipulations entered into by plaintiffs and the Environmental Protection Agency in plaintiffs' challenge to EPA's application of its 1985 off-site policy and §121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The stipulations provide...

Commonwealth v. PBS Coals, Inc.

The court holds two mining companies strictly, jointly, and severally liable under Pennsylvania's Clean Streams law and the state Surface Mining Conservation and Reclamation Act (state SMCRA) for polluting a town's groundwater supply where each company's contribution to the pollution cannot be deter...

Cadillac Fairview/Cal., Inc. v. Dow Chem. Co.

The court rules that prior federal authorization is not required for private parties to recover response costs under §107(a) of the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA). The court also holds that prior state or local action is not required for private acti...

Colorado v. Idarado Mining Co.

The court holds that a parent corporation and a management services subsidiary are owners and operators under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court lists as factors to consider in determining whether a parent corporation is a CERCLA owner or ...

Dunn v. United States

The court holds that plaintiffs have not shown that they were prevailing parties under the Equal Access to Justice Act in their action alleging that the Department of Energy (DOE) failed to comply with the public participation requirements of the Uranium Mill Tailings Radiation Control Act at an ina...

Committee for Nuclear Responsibility v. Seaborg

District court's order for summary judgment in favor of defendant reversed and remanded in suit challenging the Atomic Energy Commission's plans to detonate an underground nuclear warhead on Amchitka Island, Alaska. The court of appeals holds that the grant of summary judgment prematurely foreclosed...

Civic Improvement Comm. v. Volpe

In a suit to enjoin various highway undertakings that originated in a citywide highway master plan developed with federal aid, the court holds that a NEPA environmental impact statement is required only for those undertakings that individually receive federal aid and that have not yet reached constr...

Duke City Lumber Co. v. Butz

The court holds that several large lumber companies have standing under NEPA to challenge the 1971 small business timber set-aside program, but rules that the program does not constitute major federal action nor significantly affect the quality of the human environment, and therefore does not requir...

Brooks v. Coleman

The revised environmental impact statement for the construction of an additional three lanes of Interstate Highway I-90 through Snoqualmie Pass 45 miles east of Seattle complies with the requirements of NEPA; it adequately describes viaduct-type alternatives to the planned project design. Certain un...