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United States v. Ekco Housewares, Inc.

The court holds that an operator of a surface impoundment that was used to store and dispose of hazardous wastes violated the Resource Conservation and Recovery Act (RCRA) by failing to maintain financial assurances for closure and for postclosure care, and failing to maintain liability coverage for...

United States v. Estate of Boothby

The court affirms a district court decision that four houseboats moored in La Parguera Bay, Puerto Rico, are "structures" subject to the permitting requirements of §10 of the Rivers and Harbors Act, and affirms the district court's decision upholding the U.S. Army Corps of Engineers' (Corps') denia...

Mountain States Legal Found. v. Espy

The court holds that the U.S. Forest Service (Service) may reasonably regulate the use of an unpaved forest development road by private landowners to access their lands within the Payette and Boise National Forests in Idaho, under the Alaska National Interest Lands Conservation Act (ANILCA) and the ...

Munster, Town of v. Sherwin-Williams Co.

The court holds that a paint manufacturer is entitled to raise the equitable defense of laches in a private contribution action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by a town that owns a landfill containing hazardous waste and that the defe...

Munster, Town of v. Sherwin-Williams Co.

The court holds that the equitable defense of laches cannot bar a town's private contribution action under §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover cleanup costs incurred at a site that is now the town's municipal landfill. The ...

Murphy v. Department of Natural Resources

The court holds that Florida statutes establishing the procedure for state leasing of submerged lands and the water columns above them to houseboat owners are constitutional, do not encroach on the authority reserved to the federal government by the Submerged Lands Act (SLA), and are not otherwise p...

National Wildlife Fed'n v. Burlington N. R.R.

The court affirms a district court's refusal to issue a preliminary injunction ordering a railroad to reduce operating speed around derailment sites where spilled corn attracted grizzly bears, to study the feasibility of equipping locomotives with bear-protective devices, and to obtain a permit from...

National Wildlife Fed'n v. Whistler

The court upholds the U.S. Army Corps of Engineers' grant of a Federal Water Pollution Control Act §404 dredge and fill permit to a development company, allowing it to destroy 14.5 acres of wetlands by reopening an old river channel in order to provide boat access to a planned residential developme...

Native Ams. for Enola v. U.S. Forest Serv.

The court holds that the U.S. Forest Service (Service) complied with the National Historic Preservation Act (NHPA) when it issued a logging company a permit to haul logs from private property on Service roads. The court holds that the requirement of 36 C.F.R. §800.4(b) are satisfied by the Service'...

Natural Resources Defense Council v. EPA

The court affirms a district court's decisions upholding the U.S. Environmental Protection Agency's (EPA's) approval of state water quality standards for dioxin implemented by Maryland and Virginia. The states adopted a dioxin standard of 1.2 parts per quadrillion (ppq), which is less protective tha...