Ruling on motions for partial summary judgment on liability, the court holds that buyers of a hazardous waste site who did not allow further waste to be disposed of and who took steps to avoid further releases could be insulated from Comprehensive Environmental Response, Compensation, and Liability ...

The court holds that a hazardous waste site owner's secured creditors, including one who foreclosed on the site, may be held liable for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) only if they exercised control over the nuts-and-bo...

The court rules that the Corps of Engineers' Final Supplemental Environmental Impact Statement (FSEIS) for the Westway highway project was inadequate, that its issuance of a landfill permit for the project was arbitrary and capricious, and that the district court abused its discretion in conducting ...

The court holds that the federal government may seek an injunction and penalties against an alleged violator of the Clean Air Act even though the violations were addressed in a state agency consent order. The court declines to invoke the Colorado River doctrine to abstain from the dispute. The court...

In three consolidated Federal Water Pollution Control Act citizen actions, the court holds that plaintiff has standing, that the suit is governed by a five-year statute of limitations, that the suit is not barred by a concurrent state administrative proceeding, and that plaintiff may seek relief for...

The court rules that the Forest Service's Capital Investment Road and Bridge Program (CIP) is not a proposal for federal action requiring a programmatic environmental impact statement (EIS) under the National Environmental Policy Act (NEPA), nor is it a substantive program requiring public comment u...

The court holds that defendant is liable for $6,054,000 in civil penalties for past violations of the federal Clean Air Act, Texas Clean Air Act, and implementing regulations of both. Defendant contracted with the El Paso Acid Corporation (EPAC) to operate a fuel gas desulfurization facility, but EP...

The court holds that leakage of drums containing hazardous wastes is an "occurrence" under a general liability insurance policy, and the insurance company has a duty to defend a chemical solvent recycling company in an action under the Comprehensive Emergency Response, Compensation, and Liability Ac...

The court rules that §112 of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA), which provides for a three-year statute of limitations from the later of the date of "discovery of loss" or December 11, 1980, for presentation of a claim or action for damages, does not...

The court holds that the Occupational Health and Safety Act (OSH Act) preempts the New Jersey Right-to-Know Act as applied to the identification and disclosure of workplace hazardous substances in the manufacturing sector, but does not preempt the state Act's provisions for regulation of employers o...