The court holds that it lacks subject matter jurisdiction over a Clean Air Act (CAA) §304 citizen suit to compel the Environmental Protection Agency (EPA) to issue additional air pollution regulations for the protection of visibility in federal parks and wilderness areas. In 1980, EPA adopted a pha...

The court, interpreting New York law, holds that an insurer has an obligation to defend a company that sold salvage oil to the operator of a hazardous waste disposal site. The court first holds that the insurer must defend the company in the private lawsuits to which the company is a party. The plea...

The court holds that the Environmental Protection Agency (EPA) must set a date by which New York must revise its substantially inadequate state implementation plan (SIP) for carbon monoxide and ozone. The court first holds that EPA has a nondiscretionary duty under §110(c)(1) of the Clean Air Act t...

The court holds that a parent corporation is not liable for cleanup costs for which its subsidiary is liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Louisiana Environmental Quality Act. The court first rules that CERCLA does not provi...

The court holds that contribution claims may be asserted against a municipality and a local aviation board by the generator defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action brought by the United States. The municipality and the aviat...

The court holds that a preliminary injunction is appropriate on an environmental group's claims that the Forest Service failed to publish a proper notice of its decision to reoffer a timber contract in an old growth area of a national forest, the resale violates the Service's clearcutting guidelines...

The court holds that a lender is not an owner or operator of a hazardous waste site under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the lender's activities in connection with an auction after foreclosure may be sufficient to impose liability....

The court holds that plaintiff in a citizen suit under the Federal Water Pollution Control Act (FWPCA) has provided sufficient evidence on defendant's motion for summary judgment to show that defendant "is in violation" of its national pollutant discharge elimination system (NPDES) permit. Plaintiff...

The court holds that a trade organization of hazardous waste treatment firms and a member company lack standing to challenge the Environmental Protection Agency's (EPA's) decisions to extend a deadline under the Resource Conservation and Recovery Act (RCRA) and to authorize disposal of hazardous was...

The court holds that an environmental group that has so far obtained only part of the relief that it requested may be awarded attorneys fees under the Equal Access to Justice Act (EAJA). Plaintiff environmental group had challenged a decision by the Fish and Wildlife Service (FWS) to eradicate the r...