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 petitions to review a U.S. Environmental Protection Agency (EPA) rule that conditionally allows foreign gasoline refiners to establish and use individual baselines reflecting their 1990 gasoline fuel property levels, instead of statutory baselines, under the antidumping provision of...

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could not complete the minnow's critical habitat designation due to fiscal limitations imposed by Congress. The ...

The court denies a state's motion to stay a decision that the National Marine Fisheries Service (NMFS) improperly decided that the evolutionary significant unit of coho salmon did not warrant listing as a threatened species under the Endangered Species Act (ESA). The court first holds that the state...

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping from a mining operation in West Virginia. The IBLA ruled that th...

The court denied a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's state implementation plan (SIP) that replaced four area-specific fugitive dust regulations with one, consistent statewide rule. The court first holds that the state environme...

The court holds that an electric utility lacks standing to petition for review a U.S. Environmental Protection Agency (EPA) final rule approving a revision to the new source review program of Pennsylvania's Clean Air Act (CAA) state implementation plan (SIP). The state's new source review program is...

The court holds unlawful a U.S. Department of Commerce fishing quota that allocates the summer catch of scup on a state-by-state basis for Massachusetts, New York, and Rhode Island. Massachusetts argued that the quota was based on incomplete historical data that reflected only scup landings from lar...

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...