The court holds that reference of liability issues to a Special Master in a case initiated under the Comprehensive Environmental Response, Compensation, and Liability Act was improper, but upholds the reference with regard to pretrial matters and damages. First, the court notes that Federal Rule of ...

The court holds that the Forest Service probably violated the National Environmental Policy Act in failing to prepare an environmental impact statement (EIS) for tree cutting in wilderness areas to control southern pine beetle infestations, but did not violate the Endangered Species Act. In examinin...

The court holds that the Secretary of Interior acted within his authority under the Independent Offices Appropriation Act (IOAA) and the Minerals Leasing Act by issuing regulations requiring applicants for right-of-way permits to reimburse the government for costs of processing the applications, inc...

The court holds that the Forest Service's failure to assert federal reserved water rights, for the Colorado wilderness areas it administers, is a reviewable agency action under the Administrative Procedure Act (APA). Defendants argue that review is precluded by the exception to the general rule of r...

The court rules that a defendant in a suit presenting state-law claims for failure to notify the purchaser of land of hazardous substances disposed of thereon may not maintain an action to determine defendant's liabilities under the Comprehensive Environmental Response, Compensation, and Liability A...

The court upholds the Department of Transportation's (DOT) archeological preservation regulation, promulgated to further §4(f) of the DOT Act and the National Historic Preservation Act. The regulation provides in part that highways may be built over significant historic sites that are important chi...

The court approves a settlement agreement providing for the containment and collection of migrating chemical wastes at defendant's S-Area Landfill chemical dump site located near the drinking water supply of Niagra Falls, New York. After extensive negotiations, the parties to a suit initiated by the...

In a Federal Water Pollution Control Act (FWPCA) action to halt ocean dumping of toxic refuse, the court holds that the state of Delaware has failed to demonstrate that it has sufficient interest in the case to justify intervention of right or by permission under the Federal Rule of Civil Procedure ...

The court rules that §404(s) of the Federal Water Pollution Control Act (FWPCA) confers a discretionary and not a mandatory duty on the Corps of Engineers to enforce compliance with the statute's permit requirements. Looking to the actual language of §404(s) to determine congressional intent, the ...

The court holds that the discretionary function exception to the Federal Tort Claims Act insulates federal agencies and personnel from claims by uranium miners and their heirs for failing to establish safety standards for uranium mines and to warn miners of known dangers. The court notes that the ex...