The court rules that the Environmental Protection Agency's inclusion of a site on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National Priorities List (NPL) is a regulation subject to review only in the Court of Appeals for the D.C. Circuit. The court first hol...

The Ninth Circuit upholds the district court's judgment assessing a civil penalty against a fishing vessel for the taking of a marine mammal in violation of the Marine Mammal Protection Act. The district court did not err in applying the preponderance of the evidence standard rather than criminal st...

The court affirms a damage award against two polluters for contamination of a city water supply in violation of the New Jersey Spill Compensation and Control and Water Pollution Control Acts but reverses on the allocation of liability, ruling that the polluters be held jointly and severally liable. ...

The court invalidates the Environmental Protection Agency's (EPA's) "cite-all" pesticide registration regulations as inconsistent with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court rules that on its face §3(c) of FIFRA requires applicants for EPA registration of pestici...

The court holds that parts of §§3 and 10 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governing the use and disclosure of pesticide registration data violate the Fifth Amendment's prohibition against uncompensated takings. The court first rules that Monsanto has a federally c...

Reversing the district court, 13 ELR 20540, the Tenth Circuit rules that defendants, the federal government and two contractors, may be held liable under state tort law for radioactive contamination of land near the Rocky Flats nuclear facility. The court first rules that federal laws dealing with t...

The court dismisses as moot claims that the Secretary of Defense's closely spaced basing mode proposal (CSB) for the MX missile violated the National Environmental Policy Act (NEPA). The court rules that although the Defense Department submitted the CSB to Congress without an environmental impact st...

The court rules that a liability insurer is obligated to indemnify its insured for the costs of cleaning up groundwater contaminated as a result of a fire on the insured's overlying property. Rejecting appellant's contention that the trial court erred in issuing a declaratory judgment, the court rul...

The court rules that the Secretary of Transportation acted arbitrarily by failing to prepare an adequate §4(f) statement under the Department of Transportation Act concerning the existence of feasible and prudent alternatives to demolition of an historic bridge. The court rules that the committee i...

The Third Circuit affirms the district court decision, 12 ELR 21133, denying appellants' petition to vacate their convictions for discharging pollutants from mushroom composting operations without a national pollutant discharge elimination system permit in violation of §§301 and 309(c) of the Fede...