The court holds that the U.S. Environmental Protection Agency (EPA) was not constitutionally barred from considering a facility's boiler and industrial furnace (BIF) permit application while a federal government suit over the facility's alleged incineration of hazardous waste without a permit was pe...
The court holds that the U.S. Environmental Protection Agency (EPA) did not "utilize" a cement industry working group as an "advisory committee" within the meaning of the Federal Advisory Committee Act (FACA). Although EPA determined the schedule and made other logistical arrangements for meetings w...
The court rules that the Price-Anderson Act does not bar, under an exception to the tribal exhaustion doctrine, Native American tribal court jurisdiction over an action against corporations operating a uranium processing mill on the Navajo Reservation in alleged violation of tribal law. Under the tr...
The court holds that a federal statutory requirement that holders of unpatented mining claims pay $100 per claim in 1993 and 1994 or else forfeit their claims did not effect an uncompensated taking of claimholders' property in violation of the Fifth Amendment to the U.S. Constitution. The fee replac...
The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its final rules by December 15, 1996. The court first holds that a state...
The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure to properly implement its state implementation plan (SIP). The ...
The court holds that under Nevada law, the U.S. Environmental Protection Agency's (EPA's) initiation of a cost recovery action against an insured under the Comprehensive, Environmental Response, Compensation, and Liability Act triggers the exclusion for hazardous-substance remedial action in the ins...
The court holds that it lacks subject matter jurisdiction over third-party indemnification and duty-to-defend claims asserted by a defendant in a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) cost recovery action against its insurer. The claims are not closely enough ...
The court holds that three doctors' testimony that exposure to radiation from thorium tailings caused plaintiff to contract polycythemia vera (PV) is not admissible under Fed. R. Civ. P. 702. Applying Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 529, 23 ELR 20979 (1993), the court concludes that...
The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment immunity with respect to contribution claims by third-party plaintiffs ...