The court holds that the provision of the Superfund Amendments and Reauthorization Act restricting judicial review of issues related to the appropriate remedy at hazardous waste sites to the administrative record does not apply to claims for injunctive relief under §106 of the Comprehensive Environ...

The court holds that the Surface Mining Control and Reclamation Act (SMCRA) applies to and authorizes the Department of the Interior's enforcement action against defendant's above-ground reclamation of abandoned coal mine refuse. The court first rules that defendant's mere removal of coal from above...

The court rules that a civil penalty may be assessed for a violation of Maryland's hazardous waste laws without a showing of actual harm to the environment. The court initially holds that an amendment, inserting the words "potential for harm" as one of the considerations to be applied in penalty ass...

In a Federal Water Pollution Control Act (FWPCA) citizen suit alleging that overflow from a municipal waste disposal system caused eutrophication of plaintiff's lake, the court holds that submission of plaintiff's FWPCA and nuisance claims to a jury does not preclude a trial court from granting inju...

The court rules that federal courts of appeals have original jurisdiction over actions involving the consultation and cooperation requirements of the Nuclear Waste Policy Act (NWPA or Act), and that the NWPA does not require the Secretary of Energy to consult with a state before he sends Congress hi...

The court holds that the actions of the Environmental Protection Agency (EPA) in selecting and directing the method used by its contractor to neutralize a tank containing oleum sludge during a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act does not fal...

The court holds that the Environmental Protection Agency (EPA) and its contractor are liable for the property damage caused by the accidental release of an acid cloud from an oleum tank during a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act based on t...

In this action consolidating challenges by environmentalists and industry, the court holds that Environmental Protection Agency (EPA) rulemaking under the Clean Air Act (CAA) to regulate emissions from heavy-duty motor vehicles is a reasonable implementation of the CAA, but that insufficient lead ti...

The court holds that hazardous waste cleanup response costs incurred by Tennessee that would be recoverable from the debtor under the Comprehensive Environmental Response, Compensation, and Liability Act are not entitled to administrative expense priority in voluntary bankruptcy proceedings under th...

The court holds that the California Coastal Commission lacks authority under the Coastal Zone Management Act (CZMA) to issue a consistency objection to proposed activity on the outer continental shelf (OCS) based on the activity's effect on marine resources located outside the coastal zone or its ec...