The court upholds the Environmental Protection Agency's (EPA's) regulations under the Asbestos Hazard Emergency Response Act (AHERA) concerning asbestos materials in public school buildings. The court holds that EPA's failure to specify a single least burdensome response action for every asbestos ha...
The court denies petitions for rehearing of its ruling that §202(d) of the Federal Land Policy and Management Act requires that termination of public land classifications be consistent with resource management plans and that §309(e) requires public participation in decisions to revoke withdrawals....
The court holds that the Environmental Protection Agency (EPA) cannot take a rule proposed by a state under its Clean Air Act state implementation plan and amend the proposal on its own motion. The California Air Resources Board submitted a rule regulating emissions of nitrogen oxide from cement kil...
The court holds that the Federal Coal Leasing Amendments Act of 1976 (FCLAA) does not limit the courts' discretion in determining whether to issue an injunction upon finding a violation of the Act. The Secretary of the Interior had offered coal leases for sale in an area surrounding an Indian reserv...
The court holds that the leachate derived from emission control dust is a hazardous waste under the Resource Conservation and Recovery Act and the New York Environmental Conservation Law because it exhibits the characteristics of hazardous waste known as extraction procedure toxicity. The court note...
The court holds that the United States Forest Service violated the National Environmental Policy Act (NEPA) in conducting a road construction project and related timber sales in the Kootenai National Forest in Montana, and the Endangered Species Act's (ESA's) 60-day notice provision is jurisdictiona...
The court holds that the Environmental Protection Agency's (EPA's) veto under §404(c) of the Federal Water Pollution Control Act (FWPCA) of a dredge and fill permit was based on a reasonable interpretation of the "availability" of an alternative site under the FWPCA §404(b)(1) guidelines. Plaintif...
The court rules that §6001 of the Resource Conservation and Recovery Act (RCRA) requires federal installations to comply with local arrangements for solid waste collection and disposal, including exclusive garbage collection franchises. Plaintiff, which had been granted the exclusive garbage collec...
The court grants the federal government's motion under §104(e)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for immediate access to implement a source-control remedy at the Charles George Landfill and adjacent properties and to enjoin defendants from inte...
The court holds three of five generator defendants jointly and severally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for state response costs at a hazardous waste disposal site. The court first holds that it has jurisdiction over nonresident defend...