The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...

The court denies a coalition's petition for review of the U.S. Environmental Protection Agency's (EPA's) final rule establishing the circumstances in which military munitions are deemed hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The court first holds that a trade assoc...

The court holds that a landowner cannot recover from previous site owner petroleum contamination cleanup costs it incurred after it invoked Resource Conservation and Recovery Act (RCRA) §7002's statutory process for bringing a citizen suit. The court first holds that a private party cannot recover ...

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a state court-approved settlement for Resource Conservation and R...

The court holds that bankruptcy discharges a state environmental agency's environmental liability claims against an oil company believed to be the successor to the owner of an abandoned oil site where hazardous substances had been released. The court first holds that the state agency's environmental...

The court holds that a canning company may seek cleanup and abatement costs from the former owner of its canning operation site under the Resource Conservation and Recovery Act (RCRA). The court first holds that the canning company's post-filing cleanup costs are not clearly barred by RCRA. Although...

The court denies New Mexico's request for a preliminary injunction and construction of a 1992 injunction to prevent shipments of waste to the waste isolation pilot plant (WIPP) in that state. The court first holds that the state cannot prove a likelihood of success on the merits. A previous injuncti...

The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows the Agency to issue variances from general Resource Conservation and Recovery Act (RCRA) treatment standards if such standards would likely discourage aggressive remediation of previously disposed of hazardous waste. The...

The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's underground storage tank (UST) program is preempted to the extent there i...

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...