The court upholds the U.S. Environmental Protection Agency's (EPA's) decision not to list used oil from gasoline-powered engines that is destined for disposal as hazardous waste under the Resource Conservation Recovery Act (RCRA). The court first holds that petitioners have standing to challenge EPA...

The court declines to exercise supplemental jurisdiction over state-law claims in an action brought by a municipal owner of a contaminated landfill asserting two Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims and nine state-law claims against waste depositors t...

The court holds that under New Mexico law the doctrine of strict liability may apply to the storage and disposal of chemical wastes that pose a threat to health and welfare. New Mexico has adopted the doctrine of absolute liability for abnormally dangerous activities set forth in Restatement of Tort...

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM) against mining companies was not a regulatory taking of the companies' property. The action required the co...

The court affirms a Court of Federal Claims decision that the U.S. Army Corps of Engineers' denial of a residential development company's request for a Federal Water Pollution Control Act (FWPCA) §404 permit to fill wetlands was a complete regulatory taking of the property for which the permit was ...

The court holds that the state of Nebraska's challenge to the siting of a regional low-level radioactive waste (LLRW) disposal facility in that state is barred by the regional LLRW disposal compact's 60-day limitation period. The state claimed that the Central Interstate Low-Level Radioactive Waste ...

The court holds that under Pennsylvania law, the "sudden and accidental" exception to a pollution exclusion in a comprehensive general liability (CGL) insurance policy does not cover an on-going discharge of landfill pollutants that eventually find their way into the surrounding environment. The hol...

The court holds that South Carolina regulations and a permit condition prohibiting a landfill from receiving nonhazardous waste generated outside a seven-county region unconstitutionally burden interstate commerce. The regulations required any applicant for a permit to construct a nonhazardous solid...

The court holds that pollution exclusion clauses in three comprehensive general liability insurance policies do not relieve insurers of their duty to defend a pesticide company and its president in a suit by the state of New York under the Comprehensive Environmental Response, Compensation, and Liab...

The court holds that an insurer is not liable under a tenant's comprehensive general liability policies for the property owner's cleanup costs resulting from a diesel fuel leak from an underground fuel tank that the tenants installed on the leased property. After obtaining a judgment from the tenant...