Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

United States v. Consolidated Rail Corp.

The court holds that corporations that approve shipments of raw material to a site, purchase all of its output, and provide names of raw material suppliers are not liable for contribution to response cost recovery under §§107(a) and 113(f)(1) of the Comprehensive Environmental Response, Compensati...

Alaska v. Ahtna, Inc.

The court holds that the Bureau of Land Management could not convey lands underlying segments of a river to a native regional corporation under the Alaska Native Claims Settlement Act because the segments were navigable and therefore property of the state of Alaska not subject to conveyance by the f...

Lutz v. Chromatex

The court holds that Pennsylvania's Hazardous Sites Cleanup Act (HSCA) does not provide for private causes of action for response costs and damages resulting from the release or threatened release of hazardous substances. The court holds that HSCA §§507(a) and 702(a) do not by themselves create a ...

Barmet Aluminum Corp. v. Thomas

The court holds that the bar on preenforcement review in §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act applies to constitutional challenges to Environmental Protection Agency (EPA) response actions. The court also holds that EPA may conduct a remedial investig...

Student Pub. Interest Research Group of N.J. v. Monsanto Co.

The court holds that successful Federal Water Pollution Control Act (FWPCA) plaintiffs are entitled to $273,990 in litigation costs and attorney fees under FWPCA §505(d), which is significantly less than they had requested. The court holds that the plaintiffs' attorneys billed grossly excessive hou...

Student Pub. Interest Research Group of N.J. v. Monsanto Co.

The court holds that the forum rate rule is to be applied in actions under Federal Water Pollution Control Act §505(d) to recover attorney fees unless special expertise of counsel from a distant district was required or local counsel was unavailable. On reconsideration of its earlier decision award...

United States v. Mexico Feed & Seed Co.

The court holds that interest on response costs and enforcement costs are recoverable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107; that there is no right to a jury trial in actions for recovery of response costs under §107; that the government is not e...

Miners Advocacy Council v. State Dep't of Envtl. Conservation

The court holds that the Alaska Department of Environmental Conservation (DEC) may certify draft national pollution discharge and elimination system (NPDES) permits covering a number of permittees, provided the certification ensures that state water quality standards will be met. The Environmental P...

Rhode Island Cogeneration Assocs. v. E. Providence, City of

The court holds that a city ordinance banning commercial use of coal in the city is preempted by state air pollution laws. The ordinance banned plaintiff's planned coal-fired cogeneration electrical facility. The court first holds that Rhode Island's Attorney General was entitled to intervene as a m...

National Wildlife Fed'n v. Agricultural Stabilization & Conservation Serv.

The court holds that environmental groups have standing to challenge the Agricultural Stabilization and Conservation Service's (ASCS') decision to exempt 6,500 acres of North Dakota prairie wetland from the wetland conservation provisions of the Food Security Act of 1985. The court first holds that ...