The court rules that a governmentally authorized cleanup program is not a prerequisite to a private cost recovery action under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that consistency with the national contingency plan (NCP) does not require...

The court holds that the court of appeals has jurisdiction to directly review the Environmental Protection Agency's (EPA's) applications of categorical pretreatment standards under the Federal Water Pollution Control Act (FWPCA) and that EPA did not err in applying its regulations to petitioner's br...

The court holds that disruption in telephone communications is not sufficient to give Pacific Northwest Bell, a telephone company, standing to challenge an environmental impact statement on an electric bus transit tunnel to be constructed in downtown Seattle. The court first holds that allegations o...

The court holds that the Department of Energy's (DOE's) refusal to extend the deadline on its comment period for determination of geogrphic areas to be included on a preliminary list of 12 possible sites for future storage of nuclear waste is not sufficiently final to permit judicial review. After i...

The court holds that federal law regulating nuclear energy does not preempt and the political question doctrine does not bar claims by commercial land owners against a neighboring nuclear and radioactive pharmaceutical manufacturer in nuisance, negligence, trespass, and strict liability for damage c...

The court holds that two sections of the Alaska National Interest Lands Conservation Act (ANILCA) prohibiting timber harvesting and providing for continued subsistence uses within national monuments do not apply to native inholdings in the Admiralty Island National Monument, and ANILCA's subsistence...

The court holds that the time limits in §22(k) of the Alaska Native Claims Settlement Act (ANCSA) during which timber export and management practice restrictions apply to private land within the boundaries of a national forest started running from the date of ANCSA's enactment in 1971. Section 22(k...

The court holds that plaintiffs have not exhausted their administrative remedies in their challenge to the Secretary of Agriculture's choice of easements pursuant to §17(b) of the Alaska Native Claims Settlement Act (ANCSA) across lands selected by Shee Atika, an Alaskan native corporation, and tha...

The court holds that the Nuclear Regulatory Commission (NRC) acted within its discretion in declining to institute licensing review procedures at a Florida nuclear power plant based on a petition alleging that reactor vessel embrittlement raised serious safety concerns. The court initially declines ...

The court holds that the six-year statute of limitations in 28 U.S.C. §2415 for contract actions brought by the United States applies to a government action brought under the Federal Water Pollution Control Act (FWPCA) for recovery of oil pollution removal costs. The court initially holds that a go...