The court holds that the Farmer's Home Administration (FmHA) did not act arbitrarily or capriciously when it issued a finding of no significant impact (FONSI) based on an environmental assessment (EA) regarding authorization of a loan for the construction of a federally assisted apartment complex fo...
The court holds that most of the final environmental impact statement (EIS) for a proposed highway realignment through Hatton Canyon near Carmel-by-the-Sea in California satisfies the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The court then address...
The court holds that a nail manufacturer did not own or control the hazardous materials generated by an electroplating company and, thus, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an arranger of hazardous waste. The court first holds th...
The court holds that the owner of all the stock of the former lessee of a contaminated site is not liable as an operator under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(2). The court first holds that the owners' of the contaminated site may not be awarde...
The court holds that bus manufacturers were not arrangers under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the treatment or disposal of hazardous substances generated by an electroplating business. The owner and trustees of the site where th...
The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants another company's motion to certify for interlocutory appeal wheth...
The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first holds that CERCLA clearly exposes the federal government to suit...
One of the most prominent issues in the Congressional debate over reauthorization of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) has been how to reduce "transaction costs" while at the same time fairly and expeditiously resolving liability disputes. This Dialogue asks: Would the allocation procedures proposed in last year's Superfund reauthorization bills meet those sometimes conflicting goals?
The court holds that a potentially responsible party (PRP) must pay 1 percent of the past and future response costs incurred during the cleanup of a contaminated site in Salt Lake City, Utah, by a committee of PRPs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERC...
The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane Superfund site in Illinois, and orders them each to pay over $2 ...