In a private cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that the plaintiff does not have standing to allege that the costs of its pre-purchase investigation were caused by a release or a threatened release of hazardo...

The court rules that multiple awards of punitive damages for the same course of conduct violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The court first rules that actions for punitive damages are not sufficiently criminal in nature to trigger the protect...

The court rules that a Maine statute designed to protect outstanding rivers prohibits the construction of new dams on protected rivers and prohibits dam redevelopment that would diminish the river's significant resource values. The court holds that although the Maine legislature sought to encourage ...

The court holds that there is substantial evidence in the Environmental Protection Agency's (EPA's) administrative record to support EPA's finding that an individual violated §301(a) of the Federal Water Pollution Control Act (FWPCA), and that EPA did not abuse its discretion in assessing an admini...

The court holds that an environmental group may intervene in a Federal Water Pollution Control Act (FWPCA) enforcement action brought by the United States against the Metropolitan St. Louis Sewer District. The court first holds that an environmental group, whose members visit, cross, observe, and us...

The court holds that a land purchaser's action to recover hazardous waste cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the seller and the seller's former tenant is not barred by an "as is" clause in the purchase agreement, CERCLA's third...

The court holds that an administrative order issued under Clean Air Act §167 by the Environmental Protection Agency (EPA) directing the owner of a gas turbine cogeneration facility to cease construction activities is final agency action and reviewable only in the court of appeals under §307(b). Th...

The court holds that the district court lacked jurisdiction over a challenge to the Environmental Protection Agency's (EPA's) administrative order under the Act's prevention of significant deterioration (PSD) enforcement provision directing the operator of a gas turbine cogeneration facility to halt...

The court rules that portions of the Interior Department's "Type B" regulations for assessing natural resource damages under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 and Federal Water Pollution Control Act (FWPCA) §311(f) violate congressional intent, and...

The court holds that insurers have a duty to defend a city in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action brought by the state for contamination at the city's landfill, even though the city knew of the contamination. The court first holds tha...