The court holds that the Corps of Engineers' decision not to require local government to replace or relocate a bridge to be removed as part of a channel improvement project violated neither the Act authorizing the project nor the National Environmental Policy Act (NEPA). First, the court holds that ...

The court holds that the Federal Highway Administration (FHwA) complied with the Department of Transportation Act (DOTT) §4(f), the National Environmental Policy Act (NEPA), and Executive Order (E.O.) No. 11990, regarding wetlands, in approving the alignment of the Blue Route Highway in Pennsylvani...

In a suit brought by the United States and North Carolina under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover funds spent cleaning areas along the North Carolina roadsides where a transporter hired by defendants had sprayed polychlorinated bip...

The court holds that the Freedom of Information Act (FOIA) exemption 7(D) permits the Environmental Protection Agency (EPA) to withhold copies of unsolicited letters alleging criminal wrongdoing in connection with construction of an EPA-funded sewage treatment plant. The court notes that although FO...

The court holds that the Department of Energy (DOE) unlawfully imposed its Nuclear Waste Policy Act (NWPA) §302 fee on all nuclear-generated electricity producted by participating utilities instead of only on the nuclear-generated energy actually sold. The court first affirms a district court rulin...

The court rules that Office of Management and Budget (OMB) review, under Executive Order No. 12291, of proposed Environmental Protection Agency (EPA) rules implementing the Resource Conservation and Recovery Act (RCRA) must cease in time to allow EPA to meet statutory deadlines. The court first rule...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars CERCLA or Administrative Procedure Act (APA) judicial review of a proposed remedial investigation/feasibility study (RI/FS) conducted under CERCLA §104 prior to a cost recovery action. The c...

The court holds that it does not have personal jurisdiction under state law over a non-resider corporation and university that generated hazardous waste disposed of in Rhode Island. The court first holds that Rhode Island's jurisdiction statute allows the state to assert personal jurisdiction over n...

The court rules that a municipality may be a "state" for purposes of recovery under §107(a)(4)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that CERCLA authorizes recovery of preenactment response costs. The court first rules that municipalities may r...

The court rules that an action in trespass is appropriate in a case where air pollution particulate matter has interfered with a party's exclusive possession of his property. The court first holds that since defendant must have known with substantial certainty that its emissions would contaminate su...