The court rules that a federal district court does not have subject matter jurisdiction over a claim for damages based on an alleged violation by an operator of the Surface Mining Control and Reclamation Act (SMCRA) or state regulations in a state that has a federally approved regulatory program und...

The court rules that the five-year statute of limitations in 28 U.S.C. §2462 applies to citizen suits under the Federal Water Pollution Control Act (FWPCA) and is tolled 60 days before the filing of the complaint, and that a state agency's nonjudicial enforcement action does not bar a citizen enfor...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) supersedes Federal Rule of Civil Procedure (FRCP) 17(b) and state law and allows a remedial and cost recovery action to be brought against a corporation dissolved prior to CERCLA's enactment. The ...

The court rules that judicial review of the Environmental Protection Agency's (EPA's) remedy selection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is based on the administrative record and applies the arbitrary and capricious standard, in accordance with ...

The court hold that it lacks jurisdiction under §7006(a) of the Resource Conservation and Recovery Act (RCRA) to review the Environmental Protection Agency's RCRA Groundwater Monitoring Technical Enforcement Guidance Document, since the guidance document is not a regulation or requirement subject t...

The court holds that an environmental assessment (EA) by defendants Federal Aviation Administration (FAA) and city airport authority under the National Environmental Policy Act for expansion of the Nashville airport was not improperly fragmented or incomplete, and did not arbitrarily reject the alte...

The court holds that the Environmental Protection Agency's (EPA's) decision to conduct a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at a Georgia site contaminated with creosote was not arbitrary and capricious, and that plaintiff site own...

Because of a pending federal criminal investigation, the court stays a previously initiated federal civil enforcement action for six months or, if an indictment is issued, until the conclusion of the criminal proceedings. The defendant had objected to the government's request for the stay. The court...

The court holds that the description of the activities and structures proposed in an application for a dredge and fill permit under §404 of the Federal Water Pollution Control Act was sufficiently specific to justify the Corps of Engineers' decision to issue the permit. The application's statements...

The court holds that the United States is not barred by either prior Colorado case law or the doctrine of collateral estoppel from asserting reserved water right claims under the Forest Service Organic Act for minimum instream flows in national forests. In a prior decision, United States v. City and...