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Copart Indus. v. Consolidated Edison Co. of N.Y.

The court holds that negligent conduct may be part of a cause of action for nuisance and that plaintiff was not prejudiced by a jury instruction that specifies that contributory negligence may be a defense in such an action. Plaintiff owned an automobile storage lot near defendant's oil-fired power ...

Concerned Citizens of R.I. v. NRC

The court dismisses plaintiff's challenge to the Nuclear Regulatory Commission's (NRC) docketing and processing of New England Power Company's applications for permits to construct two light-water nuclear power plants. The district court does not have jurisdiction over NRC's action because plaintiff...

California ex rel. State Air Resources Bd. v. Department of the Navy

Plaintiffs brought suit for civil penalties and injunctive relief, claiming that the level of air pollution emitted from certain of defendants' jet engine test cells violates local and state air quality standards contained in the California implementation plan, 40 C.F.R. §52.220, which was approved...

Eagle-Picher Indus. v. EPA

The court upholds as reasonable the Environmental Protection Agency's (EPA's) designation and listing on the National Priorities List (NPL) of five hazardous waste sites for priority cleanup under §105(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act. The court hol...

E&E Hauling, Inc. v. Forest Preserve Dist. of DuPage County, Ill.

The court holds that an ordinance enacted by a local forest district to increase the percentage of revenues that the operator of a sanitary landfill must pay to the government pursuant to a contract is preempted by the Illinois Environmental Protection Act (IEPA), but another ordinance restricting t...

Coalition on Sensible Transp. v. Dole

The court holds that federal, state, and local officials did not violate §4(f) of the Department of Transportation (DOT) Act, the National Environmental Policy Act (NEPA), or the hearing requirements of §128 of the Federal-Aid Highway Act in planning a project that would widen 16 miles of an inter...

Emhart Indus. v. Duracell Int'l, Inc.

The court holds that the seller of a business is liable to the buyer under the indemnity provisions of the purchase agreement for all costs of cleaning up facilities and equipment contaminated with polychlorinated biphenyls (PCBs) and trichloroethylene (TCE), consequential damages, costs of enforcin...

Cresenzi Bird Importers, Inc. v. New York

The court affirms the district court's decision, 17 ELR 20996, holding that New York's Wild Bird Law, which bans the sale of wild-caught birds within the state, is not preempted by either the Endangered Species Act or federal quarantine laws and that it does not impose an unconstitutional burden on ...

Citizens for Responsible Envtl. Management v. Attleboro Mall, Inc.

The court holds that the grandfather clause in regulations enacted in 1983 under the Massachusetts Wetlands Protection Act (WPA) excluding projects already in the regulatory pipeline from the more stringent 1983 regulations is valid. The state Department of Environmental Quality and Engineering (DEQ...

California Fish & Game Comm'n v. Hodel

The court rules that the Stevens Amendment to the Department of Interior (DOI) Appropriations Act, which prohibits the use of appropriated funds to require the use of steel shot for waterfowl hunting in any state without the state's consent, does not limit the power of DOI under the Endangered Speci...