The court rules that the recipient of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 order is not entitled to preenforcement review of the validity of its alleged Act-of-God defense, but is entitled to review of two of its constitutional claims. A building in ...

The court holds that parties that intervened in a consent decree between the Pennsylvania Department of Environmental Resources and a landfill owner and negotiated significant improvements to the decree in favor of area residents are entitled to attorney fees and costs under §601(8) of Pennsylvania...

In an action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act to recover response costs from the corporate parent of a hazardous substance generator, the court holds that the parent corporation is not entitled to summary judgment on jurisdictional grounds. Ini...

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies to actions alleging liability under §107 and is jurisdictional absent substantial compliance. The court first holds that plaintiff's action un...

The court upholds the Environmental Protection Agency's (EPA's) approval under the Clean Air Act of California and Nevada state implementation plans (SIPs) for the carbon monoxide nonattainment area surrounding Lake Tahoe. Faced with challenges by each state to the other's SIP, the court first holds...

The court upholds the findings of the Administrator of the Environmental Protection Agency (EPA) that petitioner violated the polychlorinated biphenyl (PCB) regulations issued under §6(e) of the Toxic Substances Control Act, but vacates the civil penalty imposed as based on improper evidence. The c...

The court holds that §4 of the Wild Free-Roaming Horses and Burros Act does not impose a duty on the Bureau of Land Management (BLM) to prevent wild horses from straying onto private lands. After BLM failed to respond to plaintiffs' requests that wild horses be removed from their property, plaintif...

The court holds that the Federal Aviation Administration (FAA) reasonably concluded that opposition from a small percentage of the public affected by the proposed certification of the West Houston Airport for large-scale passenger carriers does not require preparation of an environmental assessment ...

The court upholds the district court's refusal to grant appellant township of Woodbridge's motion to dissolve an injunction requiring it to connect its sewer system to the Middlesex County Utility Authority's treatment system, since Woodbridge did not demonstrate a change in the circumstances that h...

In a Federal Water Pollution Control Act (FWPCA) citizen suit case arising out of a challenge to a Corps of Engineers wetland determination that resulted in two trials and an appeal on the merits, the court rules that attorney fees are not appropriate for expenses incurred either in litigating an is...