The Supreme Court rules that a district court order, granting permissive intervention but denying intervention as of right in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit, is not immediately appealable. The United States and California had filed a CERCLA cost...

The Court rules that §810 of the Alaska National Interest Lands Conservation Act (ANILCA), protecting natural resources used for subsistence uses, does not apply to the outer continental shelf (OCS), and the court of appeals applied an incorrect standard in determining the availability of injunctiv...

The court holds that the 1984 Regional Plan adopted by the Tahoe Regional Planning Agency (TRPA) is a valid exercise of the TRPA's police power. The court first finds that plaintiffs' complaint was not barred by the Tahoe Regional Planning Compact's statute of limitations. The court next holds that ...

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act does not apply to private cost recovery actions, and private parties need not obtain prior governmental approval and need only plead consistency with the Nation...

The court awards attorney fees, including an upwards adjustment in the lodestar to account for risk and exceptional success, in a citizen suit brought by two environmental groups against the Department of the Interior to compel enforcement under §520 of the Surface Mining Control and Reclamation Ac...

The court determines that a hazardous waste transporter and a corporate generator and two of its officers are liable for response costs incurred at the Denney farm site near Verona, Missouri, under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 and Resource Cons...

The court rules that a generator need not have chosen the site at which its wastes were disposed to be subject to strict liability under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a waste removal company's unauthorized diversion of a generator's wast...

The court holds that an action by road workers to recover for injuries allegedly suffered from exposure to dioxin while repairing roadways pursuant to federal block grant funding is barred by the discretionary function exemption of the Federal Tort Claims Act (FTCA). The federal agencies involved ar...

The court holds that the United States Coast Guard properly imposed civil penalties under the Federal Water Pollution Control Act (FWPCA) on a shipper for discharging oil into navigable waters and that the Coast Guard's civil penalty assessments of $1,500 and $3,600 for two violations were not arbit...

The court holds that an amendment to a city ordinance extending the protection of mountain views does not violate a developer's procedural or substantive due process rights and does not constitute a taking of private property without just compensation. The amendment extended the coverage of the orig...