The court vacates a district court's summary judgment for the U.S. Environmental Protection Agency (EPA) in a gasoline additive manufacturer's action under the Freedom of Information Act (FOIA) to compel EPA to produce records relating to the denial of a waiver of approval for the additive. The cour...

The court holds that under §309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Georgia's four-year statute of limitations for torts involving property damage began to run when the owners of land adjacent to a contaminated wood treatment site discovered the ha...

The court holds that the applicable six-year statute of limitations does not bar landowners' takings claims arising from their loss of shoreline property resulting from the U.S. Army Corps of Engineers' (Corps') construction and operation of a deep-water harbor where the situation had not stabilized...

Applying Nebraska law, the court holds that the instrument creating the Platte River Whooping Crane Maintenance Trust authorizes the trust to participate in Federal Energy Regulatory Commission (FERC) relicensing hearings for two hydroelectric projects on the Platte River and in litigation involving...

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner established material facts precluding summary judgment on its stat...

The court holds that under Louisiana law, an insurance company has no duty to indemnify its insured for cleanup costs incurred in remediating soil and groundwater contamination resulting from its operation of a wood treatment plant. The court first holds that the state's compliance order triggered t...

The court holds that the owner of a contaminated site may assert a "self-critical analysis" privilege and withhold certain documents pertaining to the contamination from discovery in private litigation. The court first finds that the self-critical analysis privilege should protect an entity's retros...

The court holds that three insurance companies have a duty to defend the former owners of a contaminated site against the current owner's suit for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and against stated pendent state-law claims. The ...

The court holds that under New Jersey law, a successor corporation is not liable for toxic torts arising from contamination created by the predecessor's operations at a facility that the successor did not acquire. Two sisters brought an action to recover for their parents' deaths from cancer, injuri...

The court preliminarily enjoins the U.S. Department of Energy (DOE) from importing 409 spent nuclear fuel assemblies for storage at the Savannah River site in South Carolina until the court resolves on the merits South Carolina's claim under the National Environmental Policy Act (NEPA) that an envir...