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

The court holds that plaintiff in this groundwater contamination suit has constructively complied with the 60-day notice requirements in the Federal Water Pollution Control Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act ...

Cities Serv. Pipe Line Co. v. United States

The court holds that appellant pipeline company is not entitled to recover its oil spill cleanup costs under §311(i)(1)(D) of the Federal Water Pollution Control Act (FWPCA), because its failure to use reasonable care to detect and repair the damage caused by a third party contributed to the ruptur...

Dow Chem. Co. v. United States ex rel. Burford

The court rules that aerial surveillance of Dow's plant by Environmental Protection Agency (EPA) inspectors searching for Clean Air Act violations does not constitute a Fourth Amendment search and is within EPA's statutory authority. The court initially rules that, contrary to the district court's a...

Ced's, Inc. v. EPA

The court holds that Clean Air Act §114(a) empowers the Environmental Protection Agency (EPA) to inspect the ordinary business records of an automobile parts manufacturer that could be causing others to use its products to tamper with vehicle emission control systems unlawfully. Ced's manufactures ...

ASARCO, Inc. v. OSHA

The court rules that the Occupational Health and Safety Administration's (OSHA's) maximum permissible exposure level (PEL) for airborne arsenic nonferrous metal smelting facilities is supported by substantial evidence. The court first upholds OSHA's conclusion that the current PEL of 500 micrograms ...

Exxon Corp. v. Hunt

The court rules that §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt state hazardous waste cleanup funds so long as those funds cannot be used to compensate for cleanup actions actually compensated for under CERCLA. Initially, the court...

General Pub. Utils. Corp. v. United States

The court holds that a suit by the owners and operators of the Three Mile Island (TMI) nuclear facility against the Nuclear Regulatory Commission (NRC) alleging that the agency failed to properly warn them of safety hazards and design defects is barred by the discretionary function exception of the ...

Dirt, Inc. v. Mobile County Comm'n

The court holds that Alabama's statute regulating Mobile County's waste management system is not unconstitutional on its face, but that the County Commission denied plaintiffs due process by failing to notify them when the Commission would vote on their landfill permit application. The court first h...

Velsicol Chem. Corp. v. Reilly Tar & Chem. Corp.

The court holds that plaintiff may seek a declaratory judgment pursuant to §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to establish defendant's liability for the disposal of coal tar sludge in a holding tank located on property sold to plaintiff by def...

Whitney Benefits, Inc. v. United States

The court holds that a Tucker Act suit brought by Wyoming landowners seeking just compensation for an alleged Fifth Amendment taking of their coal mining interests by the strip mining prohibition in Surface Mining Control and Reclamation Act (SMCRA) §510(b)(5) is not barried by the existence of tha...