The court rules that the Federal Water Pollution Control Act (FWPCA) does not require injunction of discharges not covered by national pollutant discharge elimination system (NPDES) permits. The court first rules that the unpermitted discharges from defendants' offshore drilling violate the FWPCA. T...
The court holds that defendant offshore oil drillers are vulnerable to a Federal Water Pollution Control Act (FWPCA) citizen suit for discharges without a permit despite the Environmental Protection Agency's (EPA's) decision not to prosecute the 1982 violations and EPA's opinion that an expiring gen...
The court rules that a waste is a "hazardous substance" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if it contains substances listed as hazardous under any of the statutes referenced in CERCLA §101(14) regardless of the volume or concentrations of those ...
The court rules that a firm that acted as a conduit in the transfer of title to a hazardous waste disposal site and held legal title for one hour could be an owner and operator under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court dismisses t...
The court rules that § 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes personal liability on corporate officers who are responsible for the operations of a hazardous waste disposal business. The court rejects the argument that defendants, two ind...
The court grants defendants' motion to dismiss for lack of subject matter jurisdiction, based on plaintiff's failure to allege that he gave the notice to the Environmental Protection Agency (EPA) and the defendants required by the citizen suit provisions of the Federal Water Pollution Control Act an...
The court rules that a seal hunt on the Pribilof Islands scheduled pursuant to the Interim Convention for the Conservation of the North Pacific Fur Seal does not violate the Fur Seal Act (FSA), the Marine Mammal Protection Act (MMPA), or the National Environmental Policy Act (NEPA). The court first ...
The court holds constitutional the requirement of the Surface Mining Control and Reclamation Act that violators of the Act prepay their penalties before obtaining review.
Counsel for AppellantDavid A. Burkhalter IIBurkhalter & JohnsonP.O. Box 11841, Knoxville TN 37919(615) 584-0241
Counsel for...
The court rules that the Environmental Protection Agency's (EPA's) 1980 rule requiring motor vehicle manufacturers to repair all vehicles in a class recalled for violations of the Clean Air Act, including those that have exceeded their statutory "useful lives," is an interpretative rule not subject ...
The court rules that plaintiff has stated a claim for which relief can be granted in its action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs and natural resource damages from defendant, who sold waste oil contaminated with hazardous subs...