The court holds that provisions of Ohio's solid waste disposal statute imposing a higher fee on disposal of out-of-state waste and requiring waste transporters and generators to consent to jurisdiction and service of process prior to transportation of wastes into Ohio violate the Commerce Clause of ...

The court holds that a school district, which purchased land for a vocational school from a manufacturer that had polluted the groundwater, may bring a cost recovery action under the Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) against the now dissolved manufacturer,...

The court rules that §303(d) of the Federal Water Pollution Control Act (FWPCA) imposes a nondiscretionary duty on the U.S. Environmental Protection Agency (EPA) to promulgate total maximum daily load (TMDL) water pollution limits when a state fails to propose such limits. An environmental organiza...

The court holds that an intermediate state court properly required a county agency to issue a building permit for construction of a sawmill without mitigative restrictions that the agency imposed under the State Environmental Protection Act (SEPA). The agency determined that the project did not cons...

The court rules that the federal government may recover up to four times its response costs in cleaning up a hazardous waste site under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA). CERCLA §107(c)(3) provides that the United States may recover punitive damages...

The court holds that a pollution exclusion clause in an insurance liability policy bars coverage for claims asserted against the insured under the Comprehensive Environmental Response, Compensation, and Liability Act. The court holds that the district court properly concluded that the policy does no...

The court holds that an Illinois corporation dissolved more than 15 years ago cannot compel its former insurer to defend it in a cost recovery action brought by the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Federal Rule ...

The court holds that landowners' challenge to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands is not ripe for review. After a consulting firm prepared a report for the landowners using the wetlands delineation methodology in effect at the time, the landowners determined th...

The court holds that a Montana ranch company, which rearranged indigenous materials in a riverbed to cut off high water channels, protect riverbanks from accelerated erosion, and maintain the existing river channel, violated the Federal Water Pollution Control Act (FWPCA) by not obtaining a §404 pe...

The court holds that a provision in the Louisiana Constitution that affords public notice and public bidding before the leasing or selling of state-owned mineral rights supersedes leases between a state agency and a shell dredging company awarded outside the public bid process. In the underlying lit...