The Tenth Circuit vacated a lower court decision granting summary judgment in favor of a magnesium company on claims that its handling of waste violated RCRA Subtitle C. The company argued that EPA exempted the five wastes at issue from Subtitle C’s strictures in a prior interpretation of its ...

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing the...

The court holds that individuals' Resource Conservation and Recovery Act (RCRA) and state-law claims against a gasoline corporation that spilled 600,000 gallons of gasoline onto the individuals' property and a surrounding lake and creek are not barred because the state has not engaged in a Comprehen...

The court holds that the U.S. Environmental Protection Agency's (EPA's) guidelines for carrying out the certification of Waste Isolation Pilot Plant's (WIPP's) compliance with radioactive waste disposal regulations are specific enough to qualify as "criteria" under 40 C.F.R. Part 191. The court note...

The court affirms a district court's denial of attorney fees to an environmental group whose lawsuit challenging the adequacy of a Federal Highway Administration (FHwA) environmental assessment (EA) was not a material factor in the FHwA's decision to supplement the EA. The court first holds that the...

The court holds that the Bonneville Power Administration's (BPA) decision to enter or extend power contracts with several direct service industries (DSIs) was not arbitrary and capricious as alleged by a coalition of consumers, public power associations, and environmental groups. The court first add...

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's findings, the court first holds that the nonsettling party must p...

The court holds that a railroad company lessor is barred from recovering economic losses and property damages associated with hazardous waste contamination on its leased site. The court first holds that the lessor's claim for economic losses and property damages under the Minnesota Environmental Res...

The court affirms a district court holding that, under the National Environmental Policy Act (NEPA), an interagency Port-Orford cedar (POC) management program prepared by the U.S. Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) was not a final agency action that requir...

The court holds that the U.S. Forest Service failed to meet National Environmental Policy Act (NEPA) requirements for public disclosure of information and failed to take a hard look at the effects of proposed timber sales from the Miners Creek and West Camas Creek drainages in the Targhee National F...