The court holds that the application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to wholly intrastate hazardous waste disposal does not exceed Congress' power under the Commerce Clause and that CERCLA has not preempted the common law of nuisance. The court f...

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...

Affirming the lower court's decision, 9 ELR 20618, the court determines that the Department of Housing and Urban Development (HUD) correctly concluded that the construction of a housing project in Boston's South End was not a major federal action requiring preparation of an environmental impact stat...

The District of Columbia Circuit Court of Appeals rules that it is the proper court of venue for review of the Environmental Protection Agency's (EPA's) 1980 consolidated permit regulations (CPRs) issued pursuant to four pollution control statutes. Three of the four statutes require exclusive judici...

The Tenth Circuit Court of Appeals dismisses for lack of jurisdiction petitions for review of Environmental Protection Agency (EPA) orders suspending use of pesticides containing heptachlor and chlordane. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) one may obtain judicial r...

The district court rules that the General Services Administration (GSA) did not violate the National Environmental Policy Act (NEPA) in awarding a lease for office and courtroom space. Pursuant to §302(c)(10) of the Federal Property and Administrative Services Act of 1949, GSA requested offers for ...

Reversing the district court, the Sixth Circuit Court of Appeals rules that pursuant to §113 of the Clean Air Act the Environmental Protection Agency (EPA) may institute an enforcement action directly against the State of Ohio seeking relief from the state's alleged refusal to enforce that part of ...

The court affirms the lower court's order directing the Secretary of the Interior to promulgate regulations implementing the reclamation laws requiring holders of contracts for water from federal reclamation projects to sell landholdings in excess of 160 acres. Appellee argued that the lack of regul...