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Dardar v. Lafourche Realty Co.

The court holds that the Corps of Engineers arbitrarily and capriciously failed to determine whether a privately owned canal system obstructed navigable waterways when it issued the owner a permit under §10 of the Rivers and Harbors Act (RHA), but that two other permits issued under both RHA §10 a...

Browning-Ferris Indus. of Ala., Inc. v. Alabama Dep't of Envtl. Management

The court holds as ripe for judicial review a constitutional challenge to a state statute that requires the legislature's prior approval to the siting of any hazardous waste treatment or disposal facility. The court first holds that even though the legislative approval would not be required until th...

Harding v. Commissioner of Marine Resources

The court holds that neither Maine statutory law nor the public trust doctrine requires the state agency charged with administering the leasing of submerged lands for aquaculture to consider diminution of property values of adjoining areas. The court initially holds that it has jurisdiction over the...

Atlantic City Mun. Utils. Auth. v. Regional Adm'r

The court holds that the district court did not have subject matter jurisdiction under Federal Water Pollution Control Act (FWPCA) §505(a)(2) over a challenge to the Environmental Protection Agency's (EPA's) refusal in 1985 to grant funds for sewage treatment to a municipal utilities authority whic...

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

The court holds that the Detroit Water and Sewerage Department (DWSD) may levy sewer user fees against the Wayne County Road Commission (WCRC) for a portion of the cost associated with treating stormwater runoff from WCRC's roads within Detroit that flow into the city's sewage treatment system, purs...

Commonwealth v. PBS Coals, Inc.

The court holds two mining companies strictly, jointly, and severally liable under Pennsylvania's Clean Streams Law, the state's Surface Mining Conservation and Reclamation Act, and common-law public and private nuisance for polluting a town's groundwater supply where each company's contribution to ...

United States v. York, City of

The court holds that Pennsylvania may intervene as a plaintiff in an enforcement suit brought by the United States under §309 of the Federal Water Pollution Control Act (FWPCA) against a municipality. The court first rules that a state may intervene as either a plaintiff or defendant under FWPCA §...

Dedham Water Co. v. Cumberland Farms Dairy, Inc.

The court rules that the 60-day notice provision in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to private cost recovery actions, and the 1984 amendment to §7002 of the Resource Conservation and Recovery Act (RCRA) that eliminated th...

Dubois v. EPA

The court rules that §309(a)(3) of the Federal Water Pollution Control Act (FWPCA) imposes a mandatory duty on the Environmental Protection Agency (EPA) Administrator to make a finding whether a violation occurred once an allegation has been made under the FWPCA's citizen suit provision and to take...

Environmental Defense Fund v. Thomas

The court grants attorney fees and expenses of $49,738.14 under Resource Conservation and Recovery Act (RCRA) §7002 for costs of challenging Environmental Protection Agency (EPA) and Office of Management and Budget (OMB) delay in promulgating underground waste disposal tank regulations under RCRA �...