The court holds that plaintiffs suing to recover damages for personal injuries allegedly resulting from exposure to polychlorinated biphenyls (PCBs) have failed to submit sufficient evidence that their injuries, if any, were caused by the PCBs. Plaintiffs live near, or work at, a railroad yard conta...
The court holds that timber companies may not intervene as defendants in an action by environmental groups challenging the Fish and Wildlife Service's FWS') decision not to place the northern spotted owl on the endangered species list. The court first holds that the companies may not intervene as of...
The court holds that the Fish and Wildlife Service's (FWS') decision not to list the northern spotted owl as a threatened or endangered species under the Endangered Species Act was arbitrary and capricious. The court first holds that the decision not to list the owl as endangered was arbitrary and c...
The court holds that plaintiffs have satisfied the prerequisites for bringing a citizen suit under §505 of the Federal Water Pollution Control Act, and that defendant is liable for certain violations of its National Pollutant Discharge Elimination System (NPDES) permit. The court first holds that p...
The court holds that a provision of New York's state implementation plan (SIP) requiring New York City to ensure that development projects do not cause violations of the national ambient air quality standard (NAAQS) for carbon monoxide is an "emission standard or limitation" subject to citizen enfor...
The court holds that the Environmental Protection Agency (EPA) has adequately supported its Federal Water Pollution Control Act (FWPCA) regulations that effectively require oil companies that drill offshore in Alaskan waters to use mineral oil instead of diesel oil as a drilling additive to lubrican...
The court holds that the Secretary of Transportation violated the Department of Transportation Act by not preparing a study under §4(f) before approving construction of the Devil's Slide highway bypass in a California park. The court first holds that a §4(f) study is required for a highway that wi...
The court approves a consent decree in an action brought by the state of New York under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state law to require a town and several corporate defendants to remedy the hazardous waste problems at a landfill operated by...
The court, applying Illinois law, holds that claims for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not "damages" under a comprehensive general liability insurance policy. CERCLA cost recovery actions do not seek damages, but seek the e...
The court upholds, for the most part, a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) proposed settlement between New York City and several contributors to five city landfills. The settlement was challenged by two nonsettling contributors. The court first holds that ...