The court holds that it lacks jurisdiction to hear a challenge to a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) until the government files a cost recovery suit or orders plaintiffs to conduct their own cleanup. Plaintiffs seek to require th...

The court holds that de novo review of the Navy's remedial action plan for cleanup of a contaminated weapons station, rather than administrative record review, is the appropriate standard of review under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...

The court rules that the Secretary of the Interior is not compelled to purchase a portion of a sand dune to add to a national lake shore where the market value of the property is greater than the amount prescribed by Congress in the authorizing statute. Congress authorized the Secretary of the Inter...

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars judicial review of local residents' challenges to a cleanup plan to be undertaken at a hazardous waste site in Indiana. The cleanup plan included surface excavation, capping aband...

The court holds that two corporations are jointly and severally liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and rules that a corporate officer is individually liable for response costs if the officer could have prevented or sign...

The court rules that a corporate officer is individually liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if the officer could have prevented or significantly abated the hazardous waste discharge. CERCLA varies traditional corporate p...

The court rules that the imposition of a lien by the Environmental Protection Agency (EPA) under §107(l) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not an unconstitutional deprivation of property or procedural due process, and the preclusion of preenfor...

The court rules that corporations that entered into contracts with the U.S. Atomic Energy Commission (AEC) to produce uranium or thorium cannot recover costs expended to stabilize mill tailings as required by the Uranium Mill Tailings Radiation Control Act (UMTRCA), and imposition of the Act's taili...

The court holds that plaintiffs may proceed with their suit seeking to enjoin the Secretaries of Energy, Interior, and Agriculture from approving, funding, or participating in programs that contribute to the greenhouse effect without evaluating the impacts under the National Environmental Policy Act...

The court holds that environmental groups are entitled to a preliminary injunction to halt construction of a creek diversion facility until the Bureau of Land Management (BLM) and the Army Corps of Engineers (the Corps) prepare an environmental impact statement (EIS). Plaintiffs raised substantial q...