The court holds that household waste is not exempt from inclusion as a "hazardous substance" under §101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In an attempt to escape liability under CERCLA §107(a)(3) for arranging to dispose of hazardous substan...
The court enjoins four timber sales in the Rogue River National Forest pending the Forest Service's completion of environmental impact statements (EISs) analyzing the consequences of the timber sales on the lands. A portion of the lands on which the timber sales were to have taken place are roadless...
The court denies defendants' post-trial motions for a new trial and judgments notwithstanding the verdict (JNOV) after a jury found that defendants discharged pollutants onto their wetlands without a Corps of Engineers permit in violation of §301(a) of the Federal Water Pollution Control Act (FWPCA...
The court holds that the South Carolina Beachfront Management Act's prohibition of the construction of any permanent structure seaward of a setback line did not work a taking without just compensation of respondent landowner's use of two vacant oceanfront lots. The lower court found that a regulator...
The court holds that the 1990 Clean Air Act amendments do not moot a suit alleging that residue ash produced by waste-to-energy facilities should be regulated as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). Section 306 of the 1990 Clean Air Act amendments provides that ...
The court holds that 1988 amendments to the Michigan Solid Waste Management Act requiring county approval for disposal of out-of-county waste do not violate the commerce clause of the U.S. Constitution. The court holds that the amendments do not serve an economic protectionist purpose prohibited by ...
The court holds that two insurance companies are not required to defend or indemnify former operators of a scrap metal processing and storage business in an action for reimbursement of hazardous waste cleanup costs by the owner of the property where the business was conducted. One of the plaintiffs'...
The court approves a consent decree in a Federal Water Pollution Control Act (FWPCA) citizen suit alleging that defendant violated its wastewater discharge permit and the Act's pretreatment standards. The decree requires defendant to pay $2,120 to the United States and $8,480 to a university for stu...
The court holds that a distant predecessor in title to a radium-contaminated site is strictly liable to a subsequent owner for damages caused by the predecessor's abnormally dangerous activity at the site. From 1917 to 1926, the predecessor corporation processed radium at the site and discarded radi...
The court rules that constitutional and equitable defenses are not available in an action to recover response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and 16 corporate defendants may raise only those affirmative defenses alleging divisi...