The court holds that a consent decree between the U.S. Environmental Protection Agency (EPA) and an oil company relating to contamination at the company's petroleum refinery does not bar an administrative action alleging that the company violated hazardous waste regulations requiring attachment of n...

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated waste from painting operations that they buried in barrels or p...

The court holds that a challenge by the state of Nebraska to the siting of a regional low-level radioactive waste storage facility in Boyd County, Nebraska, is barred by a regional compact's time limits on suits and the doctrines of estoppel and laches. Ruling on a motion for summary judgment by the...

The court holds that the insurers of a local sewage authority are not required to defend the authority against claims brought by the U.S. Environmental Protection Agency (EPA) under §122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in connection with the aut...

The court affirms the dismissal of a domestic utility company's allegation that the Energy Policy Act of 1992 (EPACT) unconstitutionally imposed monetary assessments on domestic utilities for the remediation of environmentally contaminated U.S. uranium processing facilities. Beginning in the 1960s, ...

The court holds that environmental groups' claim that the U.S. Environmental Protection Agency (EPA) violated the Resource Conservation and Recovery Act (RCRA) by promulgating regulations allowing electric, telephone, and natural gas utilities in New York to accumulate hazardous waste at utility-own...

The court invalidates a 1999 U.S. Department of Energy (DOE) order governing the disposal of high-level radioactive waste (HLW) at the Hanford site in Washington, the INEEL facility in Idaho, and the Savannah River site in South Carolina. Part of the order defines a process by which HLW that meets c...

The court largely upholds the U.S. Environmental Protection Agency's (EPA's) determination that Subtitle C of the Resource Conservation and Recovery Act (RCRA) does not apply to recycled materials used to make zinc fertilizers, or to the resulting fertilizers themselves, so long as they meet certain...

The Ninth Circuit holds that a district court erred in holding that residents living across from a county dump lacked standing to bring Clean Air Act (CAA) claims based on ozone degradation against a county health department and in granting the county summary judgment on the residents' Resource Cons...

The court holds that it lacked jurisdiction over the Nuclear Regulatory Commission's (NRC's) decision denying environmental groups' request that the licensing of two nuclear power plants in New York be conditioned on several safety-related changes in the wake of the September 11, 2001, terrorist att...