The court holds that a Forest Service sale of dead timber in the Hells Canyon National Recreation Area did not violate the National Environmental Policy Act (NEPA), the Federal Water Pollution Control Act (FWPCA), or §8(f) of the Hells Canyon National Recreation Area Act (HCNRA Act), but that §10 ...
The court holds that it lacks jurisdiction over a citizen suit under §310 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) seeking to enjoin implementation of a remedial action at a landfill site in New Jersey. Plaintiffs allege that implementation of the Enviro...
The court holds that although the costs the insured voluntary incurred in cleaning up its dioxin contaminated land are "damages" as that term is used in its general comprehensive liability insurance coverage, the "owned property exclusion" clause precludes coverage for expenses incurred in remedying...
The court holds that a 1988 congressional continuing budget resolution bars an action alleging that a Forest Service timber sale violates the National Environmental Policy Act because the Service failed to consider significant new information regarding old growth forest ecosystems. Section 314 of th...
The court holds that the current owner of a site contaminated with polychlorinated biphenyls (PCBs) that brought a private Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action against the original owner failed to comply with the National Contingency Plan (NCP) and th...
The court holds that federal law determines whether the corporate veil should be pierced in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first grants the government's motion for leave to file a second amended complaint. Th...
The court holds that defendants are entitled to a jury trial on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) natural resource damages claims brought by the United States and Massachusetts for the polychlorinated biphenyl contamination of New Bedford Harbor. An a...
The court holds that the current owner of a manufacturing facility is the corporate successor to the prior owner and is thus liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its predecessor's use and disposal of polychlorinated biphenyls (PCBs) in N...
The court holds that an environmental group may intervene to challenge a proposed consent decree resolving the liability of one defendant under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for natural resource damages caused by the release of polychlorinated bip...
The court rules that owners of commercial and residential structures do not have claims under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against corporate entities that have designed, manufactured, or supplied asbestos-containing materials, and civil ...