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Hamker v. Diamond Shamrock Chem. Co.

The court rules that a citizen complaint brought under §505 of the Federal Water Pollution Control Act (FWPCA) must allege a violation occurring at the time the complaint is filed. The court supports its conclusion first by reference to the plain language of the statute, which is worded in the pres...

Detroit, City of ex rel. Detroit Water & Sewerage Dep't v. Michigan

The court holds that a county road commission need not pay sewer user fees for treatment of stormwater runoff from its roads. Pursuant to a settlement of a Federal Water Pollution Control Act (FWPCA) suit with the Environmental Protection Agency, plaintiff instituted a user fee system to finance sew...

V.S.H. Realty, Inc. v. Texaco, Inc.

The court rules that a seller who allegedly misrepresented the severity of an oil spill on a property may be liable to the buyer under common-law fraud and statutory deceptive business practices theories, but has not breached its promise to sell the property free of encumbrances. Applying Massachuse...

Dressman v. Costle

The court holds that the Environmental Protection Agency's (EPA's) disapproval of revisions to Kentucky's ozone state implementation plan (SIP) for three nonattainment counties and its concurrent imposition of a construction moratorium under Clean Air Act §110(a)(2)(I) was neither outside its autho...

Walls v. Waste Resource Corp.

The court rules that neither the Resource Conservation and Recovery Act (RCRA) nor the Federal Water Pollution Control Act (FWPCA) provides a private right of recovery for damages, that the 60-day notice requirements in the citizen suit provision of the two statutes are jurisdictional, and that §10...

United States v. United Nuclear Corp.

The court holds that the Environmental Protection Agency's (EPA's) proposal to conduct a remedial investigation and feasibility study under the Comprehensive Environmental Response, Compensation, and Liability Act is not a final agency action. The proposal is therefore not reviewable under Administr...

Friends of Endangered Species v. Jantzen

The court holds that the United States Fish and Wildlife Service (FWS) complied with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) when it issued a permit under ESA §10(a) authorizing the taking of an endangered species of butterfly in connection with development...

Citizens for an Orderly Energy Policy v. Suffolk, County of

The court holds that a country may refuse to participate in off-site emergency evacuation planning for a proposed nuclear power plant without violating the Supremacy Clause or the due process or equal protection rights of the nuclear license applicant. The court preliminarily decides to address inte...

Garcia v. Cecos Int'l, Inc.

The court rules that §7002 of the Resource Conservation and Recovery Act (RCRA) requires actual notice of intent to sue before filing a citizen suit and that the Act forecloses claims under the Civil Rights Act. The court first rules that §7002 requires actual notice. The statutory language is una...

Foundation on Economic Trends v. Weinberger

The court holds that the Army need not prepare an environmental impact statement (EIS) for the contemplated testing of genetically altered materials at the proposed Aerosol Test Facility at the Dugway, Utah, proving ground, but holds that the environmental assessment (EA) on renovation of the facili...