The court holds that a district court improperly ruled that Nevada, Washington, and South Carolina, which are the only states that operate low-level radioactive waste disposal sites, must accept low-level radioactive waste from Michigan. After Congress passed the Low-Level Radioactive Waste Policy A...
In the first reported decision applying the 1990 Farm Bill amendments in a Swampbuster case, the court vacates a district court's preamendment finding of a blanket good-faith exemption to ineligibility from farm subsidies and programs for converting wetlands because the amended Swampbuster enforceme...
The court holds that liability to state and federal governments for environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is compensable as "damages" under comprehensive general liability insurance policies governed by Missouri law. In t...
The court holds that a dissolved waste oil company and its president are primarily liable for governmental response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and an energy company that purchased the waste oil company's assets is liable under CERC...
The court holds that the Emergency Planning and Community Right-to-Know Act (EPCRA) authorizes citizen suits for reporting violations that are not continuing at the time the lawsuit is filed. The plain meaning of EPCRA's reporting, enforcement, and civil penalty provisions compel this conclusion. To...
The court upholds a preliminary injunction, as modified, barring South Carolina from enforcing, applying, or attempting to apply portions of two state executive orders and two state statutes relating to the management of in-state and out-of-state hazardous waste. The executive orders and statutes co...
The court rules that the Low-Level Radioactive Waste Policy Amendments Act does not violate the Tenth or Eleventh Amendments to, or the Guarantee Clause of, the U.S. Constitution. The Act requires states to provide for proper disposal of low-level radioactive waste (LLRW). If a state fails to do so ...
The court holds that environmental organizations are entitled to intervene in a suit by hazardous waste treatment companies seeking to enjoin the enforcement of a South Carolina hazardous waste facility permitting regulation. The regulation requires applicants to demonstrate in-state need before obt...
The court orders the Forest Service to prepare a new record of decision and environmental impact statement on logging in northern spotted owl critical habitat by February 3, 1992, effective March 3, 1992; to comply with the requirements of the National Forest Management Act by March 5, 1992; and to ...
The court holds that it lacks subject matter jurisdiction to review a motion to enjoin the National Science Foundation's interim and permanent incinerator operations in Antarctica for not complying with the environmental analysis preparation requirements under the National Environmental Policy Act (...