The court holds that the United States Office of Surface Mining (OSM) waived its requirement that a company prepay a penalty assessment for an alleged violation of surface mining regulations in order to preserve its right to appeal the assessment to an administrative law judge, the prepayment requir...

The court holds that Georgia statutes requiring Environmental Protection Agency (EPA) emissions control certification and approval prior to sale, registration, and titling of imported motor vehicles are preempted by Clean Air Act §209. The court enjoins enforcement of the Georgia statutes to the ex...

The court holds that the Environmental Protection Agency's (EPA's) determination that a proposed phosphate waste disposal area is not a new source under the Federal Water Pollution Control Act (FWPCA) was not arbitrary and capricious, and thus EPA's decision not to prepare an environmental impact st...

In an action under §554(a) of the Bankruptcy Code, the court grants a trustee's motion to abandon part of a former oil refinery, despite the contention of Oklahoma agencies that hazardous substances are leaching from the land into the local aquifer in violation of state hazardous waste laws. The co...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act does not authorize preenforcement review of Environmental Protection Agency orders.
Counsel for PetitionersKathleen P. Dewey, Robert L. KlarquistLand and Natural Resources DivisionDepartment of Jusice, Wa...

The court holds that the South Carolina Coastal Council exceeded its authority and violated its regulations when it granted a dredge and fill permit for a project that would block navigable waterways where there is no overriding public interest in the project. The court first holds that the permit, ...

The court rules that a right to contribution exists under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a matter of federal common law. The court initially notes that while the language of CERCLA §107(a)(4)(B) authorizes a private right-of-action, this langua...

The court rules that third-party complaints for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) must allege that the third-party defendant disposed of waste at the site, that the waste contains hazardous substances within the meaning of CERCLA §...

The court holds that third-party complaints for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) should not be dismissed for late joinder. The court first holds that the filing of the third-party complaints did not prejudice the plaintiff since th...

The court holds that the Cedar Hills county landfill in King County, Washington, is in violation of various Resources Conservation and Recovery Act (RCRA) groundwater regulations. In this RCRA suit, the court holds that the landfill is not in violation of RCRA's groundwater regulations with respect ...