The court affirms a district court holding that the Clean Water Act (CWA) does not require the state of New York to express its total maximum daily loads (TMDLs) for phosphorous in terms of daily loads but remands the case to the U.S. Environmental Protection Agency (EPA) to explain why New York's u...
ELR Digest
The court holds that the Federal Aviation Administration's (FAA's) approval of a runway improvement project was not arbitrary or capricious under the Clean Air Act (CAA) or the National Environmental Policy Act (NEPA) and, therefore, denies a city's petition for review. The court first h...
The court holds that the U.S. Environmental Protection Agency (EPA) failed to provide adequate notice and opportunity to comment before issuing two final Clean Water Act national pollutant discharge elimination system (NPDES) general permits allowing log transfer facility (LTF) operators in Alaska t...
The court holds that the U.S. Environmental Protection Agency (EPA) was not arbitrary and capricious in its promulgation of pollutant discharge limitations for the bleached papergrade kraft and soda subcategory of the pulp and paper industry. The court first rejects environmental groups' claim that ...
The court denies housing industry associations' petition to review the U.S. Environmental Protection Agency's (EPA's) decision to include all hazardous lead-containing dust and soil, regardless of source, within a Toxic Substances Control Act (TSCA) rule—known as the Lead Rule—that requires the ...
The Eighth Circuit affirmed a lower court decision that a zoo violated the ESA due to its mistreatment of endangered lemurs and tigers. On appeal, the zoo argued that the animal rights activists who filed the suit lacked standing. The zoo also claimed that even if the activists did have standing, th...
A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for six waste streams generated by steam electric power plants: bottom...
The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be discharged into surface waterways via groundwater. In late 2014, several hundred thousand gallons of gasoline ...
A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable because...
The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to develop autoimmune hepatitis. The contamination occurred between ...