The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...

The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...

The court refuses to preliminarily enjoin a lessee from using a soil vapor extraction (SVE) cleanup method during the remediation of its leased property or to require the lessee to remediate all contamination at the site. The lessee subleased the property at issue to a dry cleaner who released hazar...

The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and Reclamation Act (SMCRA) regulations requiring the elimination of cliff-like rock walls known as "highwalls" at its sur...

The court holds that the U.S. Environmental Protection Agency (EPA) may seek to enforce the Resource Conservation and Recovery Act's (RCRA's) financial assurances requirements against an engineering company even though the state of Colorado already initiated an enforcement action against the company...

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a part of the state's surface coal mining and reclamation regulat...

The court holds that the Resource Conservation and Recovery Act (RCRA) does not authorize a citizen suit against a California city's solid waste disposal site for violation of RCRA authorized state regulations that are more stringent than federal minimum standards. The court first holds that RCRA au...

The court holds that an electric arc furnace dust recycler's petition to review a U.S. Environmental Protection Agency's (EPA's) rule that excludes electric arc furnace dust from the Resource Conservation and Recovery Act's (RCRA's) hazardous waste list was not filed within RCRA §7006's 90-day fili...

The court holds that the military and state secrets privilege and the Resource Conservation and Recovery Act (RCRA) §6001 presidential exemption bar two RCRA citizen suits against the U.S. Air Force and the U.S. Environmental Protection Agency (EPA). The two suits alleged RCRA violations and sought...

The court upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior opened certain lands to mining claims in 1954, he required that a ...