The court grants a petition for rehearing of petitioner's challenge to the Environmental Protection Agency's (EPA's) rejection of a Clean Air Act delayed compliance order (DCO) for its coke oven batteries. Initially, the court rejects a petition for rehearing en banc. The panel that earlier ruled in...

The court rules that private parties may sue a private defendant under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover hazardous waste site response costs, and under §§7002 and 7003 of the Resource Conservation and Recovery (RCRA) to abate an ...

The court holds that appellees' challenge to federal enforcement of the small-mine exemption standards of the Surface Mining Control and Reclamation Act (SMCRA) in Virginia is really a challenge to the federal standards themselves, a challenge that the court below lacked jurisdiction to hear. SMCRA ...

The Court rules that a corporate officer may be personally liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and that the Eleventh Amendment bars a contribution and indemnification claim against a state by the defendant in a CERCLA cl...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, and, where the injury is indivisible, joint and several liability. Strict liability is the standard, the court holds, since that is the standard imposed by §311 of the Federal Wat...

In a case management order, the court bifurcates the trial of an action under the Comprehensive Environmental Response, Compensation, and Liability Act and other statutes and directs that the issue of remedies be tried before the issue of liability. The court issues various other orders concerning i...

The court rules that appellant has no federal right to a refund of payments it made under state laws implementing the repealed industrial cost recovery provisions of §204 of the Federal Water Pollution Control Act. The court substantially adopts the reasoning of the district court that, since the p...

The court holds that a district court did not abuse its discretion by refusing appellants' motion to reinstate a Federal Water Pollution Control Act §404 enforcement suit that the government had voluntarily dismissed. Appellants had challenged the government's complaint, contesting jurisdiction ove...

The court rules that the Environmental Protection Agency (EPA) violated the Clean Air Act when it approved a revision to Indiana's state implementation plan (SIP) setting new limitations on emissions of sulfur dioxide (SO2), but deferred action on a 30-day averaging provision designed to ameliorate ...

The court holds the corporate successor to the past owner and creator of a leaking waste site liable to the present owner for abatement of the nuisance posed by the site. The court first holds that Hercules, the corporate successor, is liable for the acts of the Pennsylvania Industrial Chemical Corp...