The court holds that regulations under the Toxic Substances Control Act (TSCA) governing the disposal of polychlorinated biphenyls (PCBs) apply to both generators and owners or operators of disposal facilities, and that a generator is "storing for disposal" PCB-contaminated oil within the meaning of...

The court holds that associations alleging that a city transportation plan would result in depressed property values have standing to challenge the plan under the Federal-Aid Highway Acts (FAHA) and the Urban Mass Transportation Act (UMTA), and that neither statute provides a private cause of action...

The court holds that a coal company is not entitled to the Surface Mining Control and Reclamation Act's reclamation fee exemption for operations affecting two acres or less. The court holds that the area above underground mines has been included in the definition of "affected area" since the origina...

The court holds that a jury trial is available on the issue of liability for civil penalties under the Rivers and Harbors Act and the Federal Water Pollution Control Act, in accordance with the Supreme Court's opinion in Tull v. United States, 17 ELR 20667. The Supreme Court had remanded the case to...

The court holds that the South Carolina Department of Health and Environmental Control's (DHEC's) oversight and limited regulatory activities at a hazardous waste site do not make it an "owner or operator" under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (C...

The court holds that the Federal Tort Claims Act's (FTCA's) discretionary function exception bars a suit alleging that the Environmental Protection Agency (EPA) negligently selected and supervised a hazardous waste transporter and that the agency failed to ensure that the transporter disposed of the...

The court holds the Long Island Landfill Closure Law (Closure Law) prohibits horizontal expansion but permits vertical expansion of a landfill, and that a consent order permitting ash disposal in the landfill is not an unlawful landfill expansion or an "action" under the State Environmental Quality ...

In an en banc decision, the court holds that state and local governments and environmental groups can challenge the adequacy of the Air Force's environmental impact statement (EIS) on the deployment of MX missiles, but the EIS need not consider alternate weapons systems or basing modes, or the missi...

The court rules that the provision in the Lacey Act making it illegal to possess or import fish or wildlife taken in violation of foreign law is not an unconstitutional delegation of legislative power to foreign governments. The Act simply excludes from the stream of foreign commerce wildlife unlawf...

The court rules that the jurisdictional requirement established in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 18 ELR 20142, for Federal Water Pollution Act citizen suits applies to citizen suits under §304 of the Clean Air Act. The court holds that plaintiffs' complaint, which...