The court holds that companies that sold a chemical manufacturing plant to a defendant in a Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) cost recovery action are not liable as third-party defendants because the defendant assumed all liabilities of the plant under t...

The court awards the United States and South Carolina the costs for their surface removal actions at the Bluff Road site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After adding certain supplemental costs incurred by plaintiffs since the court's November...

The court holds that the federal regulations promulgated in 1982 pursuant to §402 of the Surface Mining Control and Reclamation Act (SMCRA) can be retroactively applied. The court first holds that the 1982 regulations did not overrule or change the settled law as defined by the regulations that app...

The court holds that the Bureau of Land Management's (BLM's) decision not to prepare an environmental impact statement (EIS) prior to issuance of an oil and gas lease in national forests in the Rocky Mountain area was reasonable. The court first holds that plaintiffs' National Environmental Policy A...

The New Jersey Supreme Court holds that 339 residents of Jackson Township are entitled to $8 million in damages for diminished quality of life and the cost of annual medical surveillance as a result of well-water contamination by toxic pollutants that leached from the township's landfill. The court ...

The court holds that the Environmental Protection Agency (EPA) must issue regulations to implement its program to prevent significant deterioration of air quality (PSD program) from emissions of nitrogen oxides by October 9, 1988. The court holds that EPA failed to comply with §166 of the Clean Air...

In this private action against manufacturers and suppliers of electrical components containing PCBs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state products liability law, the court rules that CERCLA provides an independent basis for asserting feder...

The court holds that the seller of property on which it operated a chemical manufacturing plant from which hazardous substances were released is liable to the buyer for response costs under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In a footno...

The court holds that the New Jersey Environmental Rights Act does not authorize citizen suits to compel the state to undertake a discretionary function. Rather, the statute enables a citizen to maintain a suit against a person, including the state, who has violated state pollution control laws. A ju...

A magistrate rules that decisions made by the Environmental Protection Agency (EPA) and the Corps of Engineers whether to apply the Federal Water Pollution Control Act (FWPCA) to isolated wetlands are discretionary, and thus FWPCA §505 does not provide a private right-of-action to challenge such de...