The court holds that a record company's disposal of polyvinyl chloride does not subject it to liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), since the waste is not on the CERCLA list of hazardous substances. The fact that polyvinyl chloride releas...
The court holds that the Resource Conservation and Recovery Act (RCRA) does not preempt a Connecticut town's zoning regulations and that the district court properly abstained from deciding whether a chemical waste cleanup plan violates those regulations. The district court enjoined a company from im...
The court rules that successor corporations can be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs incurred as a result of hazardous waste releases by their predecessors. Congress intended to include successor corporations within the ...
The court holds that a district court properly deferred to the Environmental Protection Agency's (EPA's) decision to deny reimbursement of a steel company's cleanup costs under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an impermissible retroactive...
The court holds that substantial evidence supports the Occupational Safety and Health Review Commission's decision to uphold citations against a bronze bearing manufacturer for violations of the Occupational Safety and Health Act standards regulating lead contaminants in the workplace. A 1988 inspec...
The court holds that, in granting a full-power license to a nuclear power plant, the Nuclear Regulatory Commission (NRC) did not abuse its discretion in interpreting its emergency planning regulations or in allowing the plant's full-power license to become immediately effective, but that, in grantin...
The court holds that the Fish and Wildlife Service's (FWS') environmental impact statement (EIS) to limit cattle grazing on the Charles M. Russell National Wildlife Refuge in Montana complies with the requirements of the National Environmental Policy Act (NEPA). Ranchers holding grazing privileges o...
In the first of two decisions in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response action involving the Hassayampa landfill near Phoenix, Arizona, the court holds that Arizona's administration of its manifest system for hazardous waste disposal did not preclud...
In the second of two decisions in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response action involving the Hassayampa landfill near Phoenix, Arizona, the court holds that the state is liable under CERCLA as a generator but not as an operator of the Hassayampa si...
The court holds that a contractual indemnification provision relieved a corporation of its duty under §10 of the Securities Exchange Act (SEA) and under Securities and Exchange Commission Rule 10b-5 to disclose publicly that its subsidiary failed to comply with state and federal environmental laws ...