The court holds that the successor corporation of the seller of a tract of industrial land is not liable to the purchaser for response costs the purchaser incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in cleaning up asbestos contamination at the si...

The court holds that a small business that has been dismissed as a defendant in an action under the Comprehensive Environmental Response, Compensation, and Liability Act is entitled to attorney fees under the Equal Access to Justice Act (EAJA). The court holds that the United States was not substant...

The court issues its rulings in the damages phase of an action brought by the United States, New Hampshire, and the the town of Kingston under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act, the Federal Water Pollution C...

The court holds that plaintiffs' citizen suit under the Resource Conservation, and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cannot be maintained to compel the Environmental Protection Agency (EPA) to bring an enforcement action agains...

The court rules that a citizen may not intervene in a suit under §505 of the Federal Water Pollution Control Act (FWPCA) that does not involve the enforcement of an effluent limitation or a related administrative order, and holds that the attempt to intervene in this case is not timely. Plaintiffs ...

The court holds that a statute prohibiting the deposit of out-of-state solid waste in a state-funded and -operated landfill does not violate the Commerce Clause, the Contract Clause, or the Privileges and Immunities Clause of the Constitution. The court first holds that the statutory ban does not vi...

The court rules that the "owner or operator" under §311(f) of the Federal Water Pollution Control Act (FWPCA) is determined by the date of the discharge discovery. The court first holds that the government failed to prove that Quaker State owned the site after the discharges were discovered in 1985...

The court holds that the district court's remand to the Army Corps of Engineers of a challenge to the Corps' denial of a dredge and fill permit is not an appealable order. Plaintiff developer brought suit to challenge the Corps' decision to deny plaintiff a permit under §404 of the Federal Water Po...

On remand from the Supreme Court with instructions to consider the issue of mootness, the court holds that an electric power company's action for declaratory judgment that the Toxic Substances Control Act preempts Maryland hazardous waste statutes is rendered moot by Maryland's suspension of its cri...

The court holds that the Eleventh Amendment precludes suits by private parties against a state in federal court for indemnification and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that the language of the 1986 CERCLA am...