The court enjoins the Forest Service from selling timber in threatened northern spotted owl habitat in an Oregon national forest because the Service has violated the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990. Section 318 establishes one-year timber quota...

The court holds that a defendant found liable for punitive damages under §107(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for failing to comply with an Environmental Protection Agency administrative order is not entitled to a new trial. The court firs...

In a continuing challenge to Department of the Interior (DOI) regulations implementing the Surface Mining Control and Reclamation Act (SMCRA), the court generally upholds DOI's rules on revegetation, groundwater recharge capacity in surface lands above underground mines, and fish and wildlife in min...

The court holds that nonsettling defendants in a related action are entitled to intervene as of right to challenge a consent decree between the United States and 116 potentially responsible parties involving cleanup of the Lone Pine Landfill in Freehold Township, New Jersey, under the Comprehensive ...

The court enters a consent decree between the Environmental Protection Agency (EPA) and 116 defendants involving cleanup of the Lone Pine Landfill in Freehold Township, New Jersey, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation ...

The court, in a private Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action, holds that the "as is" clause in the landowners' deed bars contractual theories of recovery based on implied representations about the allegedly contaminated property, but doe...

The court rules that the Army Corps of Engineers' denial of a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA) is an unconstitutional taking and warrants just compensation under the Fifth Amendment to the U.S. Constitution. The Corps denied a request from private...

The court holds that environmental groups have standing to challenge rules governing the Department of the Interior's national program for managing coal leasing and mining. The court initially holds that plaintiffs need only present sufficient evidence from which the court can infer the existence of...

The court holds that a public interest group has standing under the Federal Water Pollution Control Act (FWPCA) to sue a New Jersey corporation for violations of its national pollutant discharge elimination system (NPDES) permit, and civil penalties must be paid to the U.S. Treasury and not to a tru...

The court holds that a municipal corporation that issued revenue bonds for a private corporation's acquisition of land and for the construction of a lead recycling plant, and holds indicia of ownership primarily to protect its security interest, is not liable for cleanup costs at the plant as an "ow...