The court holds that an environmental group and a trade association lack standing to challenge the U.S. Environmental Protection Agency's (EPA's) hazardous wastewater treatment sludge rule promulgated under the Resource Conservation and Recovery Act (RCRA). The court first holds that the environment...
The court holds that a district court lacked jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the All Writs Act to hear landowners' land contamination claim against various corporations that owned and operated hazardous waste sites. After bein...
The court holds that an environmental group's challenge to the Federal Aviation Administration's (FAA's) determination that the National Parks Air Tour Management Act does not bar proposed sightseeing tours out of the Jackson Hole, Wyoming, airport is not ripe for review. In 1999, and again in 2000,...
The court dismisses a company's petition for review of a U.S. Department of Labor (DOL) Administration Review Board (ARB) order remanding for further fact-finding and consideration an employee's claim that the company violated the Clean Air Act's (CAA's) and Toxic Substances Control Act's (TSCA's) w...
The court affirms the dismissal of two class actions brought by residents of Peru and Ecuador against a U.S. oil company for environmental and personal injuries arising out of the company's oil exploration and extraction operations between 1964 and 1992. The residents sought money damages under theo...
The court abstains from hearing a breach of contract claim between a bankrupt company and a county resource recovery agency. The company and the agency entered into a solid waste disposal agreement, which included a bond requirement that if the bond fell below investment rating, the company had 30 d...
The court affirms a district court decision allocating liability among past and present owners for contamination at an oil refinery site. The refinery was built in 1929 by a gasoline company. In 1984 it was spun off to a wholly owned subsidiary of the company that agreed to assume all responsibility...
The court reverses and remands a district court decision holding that it lacked subject matter jurisdiction to review an environmental group's claims that the Bureau of Land Management (BLM) violated the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA) ...
The court holds that it lacked power under the Clean Air Act (CAA) to grant an environmental group's request to compel the U.S. Environmental Protection Agency (EPA) to disclose information addressing EPA's nationwide administration of CAA petitions. The group submitted petitions under the CAA to EP...
The court denies heavy-duty diesel engine manufacturers' motions to modify consent decrees they entered into with the U.S. Environmental Protection Agency (EPA) to settle claims that they violated the Clean Air Act and its implementing regulations by selling engines that emitted excess pollution and...