The court appoints a special master pursuant to Fed. R. Civ. P. 53 to assist in management of discovery and resolution of factual issues in an abatement action under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act. After reviewing applicable case law, the court rul...

The court issues a case management order in a Comprehensive Environmental Response, Compensation, and Liability Act case consolidating defense in the hands of liaison counsel and bifurcating the case to allow resolution of issues of relief prior to addressing issues of liability and contribution. Th...

The Supreme Court rules that an agency's decision not to take enforcement action is presumed to be committed to agency discretion by law and hence immune from judicial review under Administrative Procedure Act (APA) §701(a)(2). Prisoners sentenced to death by lethal injection brought suit against t...

Ruling from the bench on a motion to dismiss a Federal Water Pollution Control Act (FWPCA) citizen enforcement suit, the court holds that the suit is not barred by defendant's alleged present compliance with the Act, by informal state administrative action alleged to be ongoing, or by allegations of...

The magistrate recommends that defendants' motion to dismiss be granted on the grounds that §113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not confer in personam jurisdiction over non-resident defendants who lack the minimum contacts required by t...

The court holds that the district court did not abuse its discretion when it refused to enjoin the implementation of the California Desert Conservation Area (CDCA) Plan because of potential harm to the fragile desert resources, despite the district court's finding of a strong likelihood of success o...

The court holds that the Department of Energy (DOE) violated the Energy Policy and Conservation Act (EPCA) and the National Environmental Policy Act (NEPA) by reversing a decision to issue energy efficiency standards for eight home appliances and by failing to prepare a proper environmental analysis...

The court invalidates regulations issued by the Secretary of Interior requiring applicants for right-of-way permits under the Federal Land Policy and Management Act (FLPMA) to reimburse the government for all administrative costs incurred in processing their applications, including the cost of envir...

The court holds that the government need not prove that the accused possessed specific criminal intent to violate the Federal Water Pollution Control Act (FWPCA) §309(c)(2) by submitting false information in a discharge monitoring report and other required records under the FWPCA. Defendant argues ...

In a Federal Water Pollution Control Act (FWPCA) §505 citizen suit seeking to compel the Administrator of the Environmental Protection Agency (EPA) to withdraw Ohio's national pollutant discharge elimination system (NPDES) authority under §402(c)(3) and to assume enforcement of the state program u...