The court holds that an Environmental Protection Agency (EPA) notice letter to a potentially responsible party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) constitutes a "suit" under comprehensive general liability insurance policies and thus trigger...

The court affirms a district court decision ordering the permanent closure of a landfill, certain corrective actions, and the payment by the landfill, certain correctivce actions and the payment by the lanfill owners and operators of almost $3 million in civil penalties for Resource Conservation and...

The court holds that potentially responsible parties (PRPs) that entered into settlements with the Environmental Protection Agency (EPA) to resolve their Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability are protected under CERCLA §113(f)(2) from counterclaims...

The court holds that a county and several municipalities in Texas through which construction of a state highway is proposed do not have standing to seek a declaratory judgment on the sufficiency of the final environmental impact statement (EIS) for the project. The court holds that although plaintif...

The court holds that petitioner's suit challenging the Environmental Protection Agency's (EPA's) decision to include property owned by petitioner on the National Priorities List (NPL) is untimely under the 90-day review period in §113(a) of the Comprehensive Environmental Response, Compensation, an...

The court holds that the Forest Service's failure to prepare a comprehensive land management plan for federal land adjacent to or within a designated river under the Wild and Scenic Rivers Act was not error. The Forest Service proposed to conduct a sale of fire damaged timber on the national forest ...

The court holds that the Department of Energy (DOE) properly refused to designate the Durita uranium mill tailings reprocessing site in Colorado as a "processing site" under the Uranium Mill Tailings Radiation Control Act (UMTRCA), a designation that would have required the federal and state governm...

The court rules that the Federal Water Pollution Control Act (FWPCA) reporting and civil penalty provisions provide no de minimis defense for discharges of oil in quantities large enough to create a sheen on the water. An oil company reported each of 12 accidental discharges of oil into navigable wa...

The court refuses to issue a preliminary injunction in plaintiffs' National Environmental Policy Act (NEPA) challenge to a joint project between the United States and German armies to remove obsolete chemical weapons from their storage site in Germany and transport them to Johnston Atoll for inciner...

The court holds that owners of property adjacent to land in the Challis National Forest in Idaho lack standing under the National Forest Management Act (NFMA) to challenge a proposed timber sale, and that the Forest Service complied with the National Environmental Policy Act. The Challis National Fo...