The court holds that a claim that the New Jersey Spill Compensation and Control Act violates federal due process is moot, since all parties agree that intervening decisions by the New Jersey Supreme Court have modified the Act to comply with due process.
[The district court decision appears at 16 E...
The court holds that defendant violated §3005 of the Resource Conservation and Recovery Act (RCRA) by failing to certify compliance with RCRA's financial responsibility requirements and by continuing to operate its hazardous waste land disposal facility without interim status or the required permit...
The court holds that a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) alleging violations at one of defendant's plants is barred by the issuance of a state administrative order, and stays a citizen suit alleging violations at a second plant that may be rendered moot when...
On remand from the Supreme Court's decision that citizen plaintiffs suing under §505 of the Federal Water Pollution Control Act must make a good-faith allegation of ongoing violation, the court concludes that plaintiffs' allegation in this case was adequate. Interpreting the Supreme Court's opinion...
The court holds that registration by the Environmental Protection Agency (EPA) of strychnine under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for above-ground use as a rodenticide violates the Administrative Procedure Act (APA), the Bald and Golden Eagle Protection Act (BGEPA), ...
The court rules that §505 of the Federal Water Pollution Control Act (FWPCA) authorizes citizen suits against the Corps of Engineers for alleged failures to perform non-discretionary obligations under its dredge and fill program, and that lands filled and converted to dry land after 1975 may still ...
The court holds that its injunction prohibiting the United States Navy from constructing a homeport in Everett, Washington, without a permit under Washington's Shoreline Management Act is dissolved, since the permit has been issued and is final for purposes of judicial review.
[The court's previous...
The court rules that the federal government has not waived its sovereign immunity under Resource Conservation and Recovery Act (RCRA) §6001 to actions brought by states for civil penalties. Waivers of sovereign immunity must be clear and unambiguous. Civil penalties are not clearly included in RCRA...
The court holds that a compliance order issued by the Environmental Protection Agency (EPA) under Clean Air Act §113(a)(3), finding a violation of the asbestos standards under §112, is not subject to judicial review. The plaintiff is an asbestos abatement contractor that performed asbestos removal...
The court holds that the New York Department of Environmental Conservation's (DEC's) failure to designate property as freshwater wetlands on a tentative map does not exempt the property from regulation under the state Freshwater Wetlands Act, and tentative designation does not constitute a taking. T...