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Welch v. Board of Supervisors

The magistrate judge holds that the Federal Water Pollution Control Act (FWPCA) does not preempt an amendment to a county ordinance that prohibits the application of sewage sludge on agricultural lands. The magistrate judge first holds that the FWPCA does not expressly preempt the amendment. FWPCA �...

Wilderness Soc'y v. Alcock

The court holds that environmental groups lack standing to challenge the U.S. Forest Service's 1986 land and resource management plan (LRMP) for the Cherokee National Forest in eastern Tennessee. The LRMP includes a 10-year timber sale action plan that sets out targeted harvest yields for specific g...

Winston v. Shell Oil Co.

The court holds that co-executors of a landlord's estate may not bring a citizen suit under the Resource Conservation and Recovery Act (RCRA) against its tenants for property damage resulting from releases of petroleum from underground storage tanks (USTs). The tenants operated a gasoline station on...

York Ctr. Park Dist. v. Krilich

The court vacates and remands a district court judgment that two development companies committed trespass and conversion by dredging and filling wetlands on the border between a private development and a park and by draining water from a park lake. The court holds that the judgment against the two c...

Z&Z Leasing, Inc. v. Graying Reel, Inc.

The court holds that a bank holding a first mortgage on contaminated property is not liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an owner or operator for expenses the current owner incurred cleaning up contamination that prior owners...

Zarrilli v. Weld

The court holds that an individual's National Environmental Policy Act (NEPA), federal civil rights, and state-law claims against current state and federal officials in connection with the Central Artery project in Boston, Massachusetts, are time barred, and the Eleventh Amendment to the U.S. Consti...

Sierra Club v. Babbitt

The court holds that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA) by not preparing an environmental impact statement (EIS) or consulting with the U.S. Fish and Wildlife Service before giving a logging company per...

United States v. Alcan Aluminum Corp.

The court holds that the focus of the divisibility of harm inquiry in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action should be on the waste as a whole, not on its individual constituents. The manufacturer used an emulsion in its manufacturing pr...

Wallkill, Town of v. Tesa Tape Inc.

The court holds that a potentially liable municipality may bring an action against other potentially responsible parties (PRPs) under both §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover costs the town incurred remediating contaminatio...

Public Interest Research Group of N.J. v. Windall

The court vacates and remands a district court's award of attorney fees to a citizens group that obtained injunctive, but not monetary, relief against the U.S. Air Force for violating its national pollutant discharge elimination system permit at McGuire Air Force Base in New Jersey. The court first ...