The court upholds the Environmental Protection Agency's (EPA's) regulations under the Resource Conservation and Recovery Act (RCRA) governing the burning of hazardous waste, including used oil, as fuel. The court first holds that a trade organization composed of firms engaged in the treatment of haz...
The court holds that the Secretary of the Interior's decision to conduct an outer continental shelf lease sale in Bristol Bay, Alaska, complied with the Outer Continental Shelf Lands Act (OCSLA), the National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA). The court first hold...
The court stays a district court injunction against an outer continental shelf lease sale in Bristol Bay. The court holds that appellees have met the standard for a stay, which is the same as that for a preliminary injunction. The court has ruled for appellees on the merits. The balance of hardships...
The court holds that the purchaser of contaminated property may sue the seller for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the plaintiff's assumption of defendant's obligationsin state consent orders may defeat its innocen...
The court holds that agreements between the U.S. Fish and Wildlife Service (FWS) and native Alaskans authorizing subsistence hunting of migratory geese during closed season in exchange for assistance in enforcing other hunting prohibitions violated the Administrative Procedure Act (APA), the Nationa...
The court holds that waste site owners and waste generators are jointly and severally liable for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs and prejudgment interest, rejecting volume of waste deposited by each party as a reasonable basis for apporti...
The court holds that developers, alleging that the Corps of Engineers' refusal to issue a permit to fill wetlands constituted a taking, have shown that their private interest in developing their land outweighs the governmental interest in preserving wetlands, but the court refuses to find a taking b...
The court holds that the United States has established probable cause that a wildlife importer violated the Lacey Act and the Endangered Species Act (ESA), and the innocent owner defense is not available in forfeiture actions under the Lacey Act. The United States sought to forfeit a shipment of can...
The court holds that the seller of a trucking company is not required by its sales agreement to indemnify the buyer for its potential liability under the Comprehensive Environmental Response, Compensation, and Recovery Act arising out of dioxin contamination of the trucking company's terminal. The i...
The court holds that a landowner's construction of a fence on private land, enclosing an area of the public domain and preventing pronghorn antelope from reaching their winter range, violates the Unlawful Inclosures of Public Lands Act (UIA). The court first holds that the district court's order req...