The court holds that a metal mining operator's claims against the U.S Environmental Protection Agency (EPA) for allegedly revising the Emergency Planning and Community Right-to-Know Act's (EPCRA's) toxic release inventory program as it applies to the mining industry without formal rulemaking are rip...

The court holds that a U.S. Environmental Protection Agency (EPA) rule establishing a bifurcated schedule for hazardous waste combustors to comply with strict new emission standards is arbitrary and capricious. The rule, promulgated under the Clean Air Act (CAA) and the Resource Conservation and Rec...

The court affirms a district court holding that a city was liable for contributing to illegal dumping at two garbage dumps in violation of the Resource Conservation and Recovery Act (RCRA), and that the director of the state environmental agency could not be held liable for RCRA violations. Resident...

The court upholds the conviction of a fertilizer company owner who allowed hazardous waste to be disposed of without a permit while knowing that his actions placed others in imminent danger of death or serious bodily injury, but the court vacates a district court order requiring the owner to pay a $...

The court holds that under Ohio law, the doctrine of res judicata bars property owners' Resource Conservation and Recovery Act (RCRA) suit against the property's seller for leaving gasoline buried in the soil. The owners filed their RCRA suit in federal court after they litigated contract and fraud ...

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former sublessee operated a gasoline station at the site, which was next ...

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision to add coal and oil-burning electricity-generating facilities to the list of facilities subject to toxic release inventory (TRI) reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA). ...

The court holds that the U.S. Environmental Protection Agency's (EPA's) use of the toxicity characteristic leaching procedure (TCLP) to measure compliance with the Resource Conservation and Recovery Act (RCRA) treatment standard for spent potliner is arbitrary and capricious. Spent potliner is a byp...

A district court held that a bank may go forward with its CERCLA and negligence claims against engineering and remediation companies that prepared and implemented an environmental remediation plan for property in which the bank holds an interest, but it dismissed the bank's strict liability and negl...

A district court held that a developer may be liable under CERCLA for response costs the former owner of contaminated property incurred at the site. The developer, who now owns the site, filed suit against the former owner to enforce an administrative order on consent that requires the former owner ...