The court holds that a landowner that is a potentially responsible party (PRP) under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) cannot maintain a §107(a) action against another PRP, but can seek contribution from that PRP under CERCLA §113(f). The lando...

The court upholds a U.S. Forest Service decision to allow a timber sale in the Malheur National Forest in Oregon. The Forest Service's decision allows the harvest of approximately 10.7-million-board feet of timber from approximately 3,560 acres, which includes 92 acres of conifers encroaching on asp...

The court upholds the U.S. Forest Service's denial of a special use permit to land a private helicopter on a parcel of the Sawtooth National Forest that abuts the permit applicant's vacation property in rural Idaho. The court first holds that the Forest Service reasonably interpreted 36 C.F.R. §251...

The court holds that a newspaper cannot intervene in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation to vacate a consent order mandating that settlement negotiations between CERCLA parties remain confidential. The court first holds that the presumption of pu...

The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the depot. The plan provides for an intermodal freight terminal, a solid waste transfer station, a paper recycl...

The court holds that the Outer Banks Protection Act's (OBPA's) temporary moratorium on oil exploration did not cause the United States to breach outer continental shelf (OCS) oil and gas leases with two oil companies. The court first holds that the phrase "all other applicable statutes and regulatio...

The court holds that a property owner cannot maintain an action for forcible ejectment against a company that was ordered to acquire the property owner's land as part of a Comprehensive Environmental Response, Compensation, and Liability Act remedial plan. The company, which obtained all of the land...

The court holds that the U.S. Forest Service must prepare an environmental impact statement (EIS) for several timber salvage sales on fire-damaged land in the Umatilla National Forest in Oregon. The court first holds that the Forest Service did not take the requisite hard look at the environmental i...

The court holds that a grandparent corporation is derivatively liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its subsidiary's actions in arranging for the disposal of toxic waste at a solvent reclamation site in Granville, Ohio. Several potential...

The court holds that the U.S. Environmental Protection Agency's (EPA's) listing of the Del Amo site in Los Angeles, California, on the national priorities list (NPL) was invalid. The court first holds that the proposal for listing the site on the NPL failed to comply with the Omnibus Consolidated Re...