The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or…
The court holds that New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales…
The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds…
The court upholds the U.S. Environmental Protection Agency's (EPA's) redesignation of five parcels of tribal land as a nonfederal Class I area under the Clean Air Act (CAA) prevention of…
The court holds that the owner of a contaminated landfill may only recover response costs from alleged generators of hazardous waste through a contribution action under Comprehensive Environmental…
The court holds that the equitable doctrine of successor liability applies under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In 1941, a coke company sold…
The court holds that a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures…
The court holds that a state environmental agency order notifying an insured that it is a potentially responsible party (PRP) for pollution and requiring remediation is not a "suit"…
The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution…
The court holds that environmental groups have no standing under the Administrative Procedure Act (APA) to challenge the U.S. Bureau of Land Management's (BLM's) failure to halt actions…