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McCormick v. Anschutz Mining Corp.

The court holds that plaintiffs in a citizen suit failed to state a claim against the Environmental Protection Agency (EPA) because EPA does not have a non-discretionary duty to investigate citizen complaints of violations under the Comprehensive Environmental Response, Compensation, and Liability A...

Student Pub. Interest Research Group of N.J. v. Hercules, Inc.

The court holds that Federal Water Pollution Control Act (FWPCA) §309(d)'s list of factors to be considered in assessing civil penalties, added by the 1987 FWPCA amendments, may be applied in assessing penalties for violations before 1987, and the court assesses the maximum penalty of $10,000 each ...

Rockwell Int'l Corp. v. IU Int'l Corp.

The court holds that a government-approved cleanup program is not a prerequisite to a purchaser's private cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against former owners and operators of a hazardous waste site, and the purchaser may...

Fireman's Fund Ins. Cos. v. Ex-Cell-O Corp.

The court holds that the sudden and accidental exception to the pollution exclusion clause of a comprehensive general liability insurance policy contains a temporal aspect meaning only a short time rather than incorporating the concept of an unexpected and unintended event from the viewpoint of the ...

Sierra Club v. Marsh

The court holds that an agency decision in violation of the National Environmental Policy Act (NEPA) causes potentially irreparable environmental injury for purposes of a preliminary injunction by making completion of the project more likely. The court first holds that noncompliance with NEPA is an ...

United States v. Rollins

The court holds that the Migratory Bird Treaty Act (MBTA) is unconstitutionally vague when applied to defendant, whose application of registered pesticides to an alfalfa field inadvertently poisoned a flock of geese. The court first notes that the lack of a scienter element in a strict liability cri...

Polger v. Republic Nat'l Bank

The court permits the owner of a hazardous waste site to sue a bank that had foreclosed on a tenant's contaminated equipment for contribution under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court first holds that the landowner's own liability under CER...

Quince Orchard Valley Citizens Ass'n v. Hodel

The court holds that a district court properly denied a motion for a preliminary injunction in a challenge to federal and state agencies' approval of the conversion of segments of the Seneca State Park in Maryland to highway use. The court first holds that the district court properly concluded that ...

Nevada v. Burford

The court holds that Nevada lacks standing to challenge the Bureau of Land Management's (BLM's) issuance of a right-of-way authorizing the Department of Energy (DOE) to study the Yucca Mountain area as a potential repository of high-level radioactive waste and spent nuclear fuel. The court holds tha...

Alabama v. EPA

The court holds that Alabama state officials do not have standing under the Fifth Amendment or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to challenge the Environmental Protection Agency's (EPA's) selection of remedy to clean up a hazardous waste site in Texas...