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United States v. Ellis

The court upholds the Clean Air Act and Federal Water Pollution Control Act (FWPCA) convictions of a shipbreaking business owner for violating asbestos removal and disposal requirements and for dumping debris and petroleum into the Baltimore Harbor without a permit. The court first holds that the di...

United States v. Bay-Houston Towing Co.

The court denies a peat harvesting company's motion for summary judgment on two Federal Water Pollution Control Act (FWPCA) claims brought against it by the federal government. The court first holds that the claim that the company is discharging peat bog drainage water through six separate ditch fal...

United States v. Hanousek

The court upholds the conviction and sentence of a railroad employee for negligently discharging a harmful quantity of oil into a navigable water in violation of the Federal Water Pollution Control Act (FWPCA). The employee was responsible for a rock quarrying project along the railroad track. Under...

United States v. Ambroid Co.

The court holds untimely a U.S. Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action for removal costs incurred at the Yankee Chemical Corporation site in Massachusetts. After performing a removal in 1993, EPA close...

United States v. Cooper

The court upholds a sewage sludge hauler's sentence and conviction for aiding and abetting the unlawful disposal of sewage sludge, for conspiracy, and for mail fraud. Pursuant to a contract, the hauler transported a city's sewage sludge to a disposal site. After learning of U.S. Environmental Protec...

Mausolf v. Babbitt

The court holds that the National Park Service's (NPS') order restricting snowmobile access in Voyageurs National Park in order to further wildlife management objectives is not arbitrary and capricious. The court first holds that it has jurisdiction even after NPS dismissed its appeal, because inter...

Alaska Ctr. for the Env't v. Armbrister

The court holds that the Federal Highway Administration (FHwA) complied with Department of Transportation Act §4(f) and the National Environmental Policy Act (NEPA) when it approved the construction of an access road from Portage to Whittier, Alaska. The court first holds that the FHwA did not act ...

Keating v. Federal Energy Regulatory Comm'n

The court upholds the Federal Energy Regulatory Commission's (FERC's) denial of a license for a proposed hydroelectric dam in the Inyo National Forest in California on the grounds that it was economically infeasible. The court first holds that FERC erred in relying on a U.S. Forest Service evaluatio...

United States v. Hartsell

The court affirms, over dozens of challenges, the Federal Water Pollution Control Act (FWPCA) criminal convictions of two wastewater treatment and oil reclamation operators for the illegal direct discharge of pollutants to a public sewer system. The court first holds that it has subject matter juris...

National Wildlife Fed'n v. Browner

The court holds that the U.S. Environmental Protection Agency (EPA) does not have a mandatory duty under 40 C.F.R. §131.20(c) to review Michigan's denial of a petition by environmental groups to designate Lake Superior as an outstanding national resource water under the Federal Water Pollution Cont...