In a contribution action under the Minnesota Environmental Response and Liability Act, the court holds the owners and operators of two contaminated recycling facilities liable for 70 percent of the costs incurred by 13 generators in cleaning up the sites. The court finds that defendants' actions wer...

The court rules on an insurer's motions for summary judgment in litigation involving the Bunker Hill hazardous waste site in Idaho. The court first holds that the issue of whether a hazardous waste site operator complied with an insurance policy's coverage requirement of written notice of a pending ...

The court holds that the Forest Service's reoffer for sale of timber in a national forest in Oregon was not a decision under the Federal Timber Contract Payment Modification Act's (FTCPMA) implementing regulations and hence is not subject to appeal, and the Forest Service adequately reviewed the pot...

The court holds, among other things, that a hazardous waste facility owner/operator's statements that the facility has voluntarily stopped its hazardous waste treatment operations are insufficient to render moot an Environmental Protection Agency (EPA) enforcement action seeking injunctive relief un...

The court holds that the National Environmental Policy Act (NEPA) generally does not conflict with the 1984 Department of Defense (DOD) Authorization Act, and thus in basing the MX missile the Air Force must fully comply with NEPA to the extent it exercises discretion in choosing among deployment op...

The court upholds a district court decision awarding attorney fees under the Equal Access to Justice Act (EAJA) to an environmental group that successfully prevented the Army Corps of Engineers from constructing a port facility and causeway on Sears Island, Maine. The court first holds that the dist...

The court holds that a petroleum company may not recover cleanup costs from the government under Federal Water Pollution Control Act (FWPCA) §311(i)(1) for an oil spill into a creek caused by the rupture of an oil pipeline during a flood, since the petroleum company did not exercise reasonable care...

The court holds that the automatic stay provision of the Bankruptcy Code, 11 U.S.C. §362(a)(1), does not entitle a debtor in possession to an automatic stay of Environmental Protection Agency (EPA) litigation to obtain injunctive relief, response costs, punitive damages, and civil penalties under t...

The court rules that where the Corps of Engineers' assertion of jurisdiction pursuant to §404 of the Federal Water Pollution Control Act is challenged in an action against the Corps or in an enforcement action brought by the Corps, the jurisdictional question shall be determined by the trial court ...

The court holds that the Bureau of Land Management (BLM), in its preparation of an environmental impact statement (EIS) and management framework plan (MFP) for livestock grazing in the Reno, Nevada, area, did not violate the National Environmental Policy Act (NEPA), the Federal Land Policy and Manag...