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Woodland Private Study Group v. State

The court holds that an administrative order issued by the Department of Environmental Protection (DEP) Commissioner insuring DEP control of any remedial investigation/feasibility study of hazardous discharges under the New Jersey Spill Act is a rule subject to the procedural requirements of the Adm...

Connecticut Fund for the Env't v. Contract Plating Co.

The court holds that a state enforcement action precludes a Federal Water Pollution Control Act (FWPCA) citizen suit even though the settlement in the state action is less comprehensive than the remedy sought in the citizen suit. The court initially notes that it is undisputed that the state enforce...

Florida Rock Indus. v. United States

The court holds that the Corps of Engineers' (Corps') denial of a Federal Water Pollution Control Act (FWPCA) §404 permit to mine limestone in Florida is not necessarily a taking of private property requiring just compensation simply because it inhibits the landowner's ability to make a profit.The ...

Dow Chem. Co. v. United States

The Court holds that the Environmental Protection Agency's (EPA's) aerial photography of petitioner's chemical manufacturing facility is within its statutory authority under Clean Air Act §114(a) and was not a warrantless search prohibited by the Fourth Amendment. After petitioner denied EPA's requ...

Idaho v. Bunker Hill Co.

The court rules that the 60-day notice provision in §112 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is neither applicable nor a jurisdictional prerequisite to a CERCLA §107 cost recovery action. To support its conclusion that §112(a) applies only to clai...

Darty Dev. Co. v. Office of Surface Mining Reclamation & Enforcement

The court holds that the Secretary of the Interior properly ordered the cessation of mining activities at a mine granted a government-financed exemption under Alabama's approved Surface Mining Control and Reclamation Act (SMCRA) program but not actually receiving any money from government sources. T...

Connecticut Fund for the Env't v. Stewart-Warner Corp.

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that liability may not arise from violations of a national pollutant discharge elimination system (NPDES) permit that occurred more than five years before the filing of the citizen suit, but that illegal discharges within...

Connecticut Fund for the Env't v. Raymark Indus., Inc.

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that liability can arise for excessive discharges into a polishing lagoon prior to discharge into navigable waters and that four-hour composite samples are sufficiently accurate measurements of average daily concentration...

Wickland Oil Terminals v. Asarco, Inc.

The court rules that neither the incurrence of governmental response costs nor a governmentally authorized cleanup program is a prerequisite to a private cost recovery action under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court initially rej...

Bunker Ltd. Partnership v. United States

The court holds that in an investigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), EPA is not authorized to examine all documents at a hazardous waste site to determine which are subject to a previously issued inspection warrant. Both the current and p...