The court holds that a defendant in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may bring compulsory counterclaims against the United States pursuant to the Federal Tort Claims Act (FTCA). The court first holds that it lacks jurisdi...

On reconsideration, the court holds that defendant's counterclaims in a cost recovery action brought by the United States under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are barred by the discretionary function exception to the Federal Tort Claims Act (FTCA)....

The court holds that the government is entitled to a protective order to prevent a defendant in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from taking certain depositions because judicial review is limited to the administrative rec...

The court holds that it does not have jurisdiction to review the Environmental Protection Agency's listing of bacitracin as an extremely hazardous substance under the Emergency Planning and Community Right-to-Know Act (EPCRA). Although enacted as part of the Superfund Amendments and Reauthorization ...

The court holds that a challenge to a district court's placement of a company into receivership for Safe Drinking Water Act (SDWA) violations is moot, and separate issuance of a contempt order by the district court and assessment of civil penalties by a magistrate for the SDWA violations did not vio...

The court holds that the Environmental Protection Agency's (EPA's) November 1985 rule establishing recommended maximum contaminant levels for eight volatile organic compounds is within its authority under the Safe Drinking Water Act (SDWA). The court first holds that EPA's decision to establish reco...

The court holds that the district court did not abuse its discretion in voluntarily dismissing New Mexico's challenge to the Office of Surface Mining's (OSM's) assertion of exclusive regulatory authority over surface mining on Indian lands, since appellant Navajo Tribe was not prejudiced by the dism...

The court reaffirms its earlier holding that federal water rights were impliedly reserved when Colorado's wilderness areas were designated, and holds that the Forest Service's three-page plan to protect those rights is inadequate under the Wilderness Act and the Administrative Procedure Act (APA). T...

The court holds 15 defendants jointly and severally liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) for response costs at the Stringfellow site in California. The court holds that all the elements for liability under §107(a) are satisfied. The co...

The court holds that the Environmental Protection Agency's (EPA's) newly promulgated regulation under §4(a)(1) of the Toxic Substances Control Act (TSCA) requiring manufacturers and processors to test mesityl oxide (MO) for its health effects must be stayed pending further agency fact-finding. EPA ...