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Northwest Envtl. Advocates v. Portland, City of

The court holds that §505 of the Federal Water Pollution Control Act (FWPCA) does not authorize a citizen suit against the holder of a national pollutant discharge elimination system (NPDES) permit for direct enforcement of state water quality standards even when such standards are adopted as permi...

Northwest Motorcycle Ass'n v. Department of Agric.

Adopting the district court's opinion in full, the court upholds the U.S. Forest Service's (Forest Service's) decision to close forest trails to off-road vehicle (ORV) use in a designated area of the Wenatchee National Forest in Washington State. The Forest Service issued its decision in a land and ...

Northwest Resource Info. Ctr. v. National Marine Fisheries Serv.

The court holds that it has exclusive jurisdiction under the Northwest Power Act over challenges to the Bonneville Power Administration's (BPA's) program for improving the life cycle of anadromous fish stocks in the Snake River. Environmental groups sought judicial relief in district court to compel...

Northwestern Mut. Life Ins. Co. v. Atlantic Research Corp.

The court grants in part and denies in part summary judgment on a mortgage holder's action to recover the costs of environmental studies of contaminated property and for declaratory judgment on past and present owners' and operators' liability for future remediation costs under the Comprehensive Env...

Oconomowoc Lake, Village of v. Dayton Hudson Corp.

The court upholds a district court's dismissal of a municipality's citizen suit under the Federal Water Pollution Control Act (FWPCA) and Clean Air Act (CAA) against a company possessing state and local permits necessary to construct a distribution center. The court holds that the CAA §304(a)(3) cl...

Olin Corp. v. Consolidated Aluminum Corp.

Applying New York law, the court holds that release and indemnity agreements between the seller and purchaser of contaminated property, although signed before the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and silent as to environmental liabilitie...

One Wheeler Rd. Assocs. v. Foxboro Co.

The court holds that the current owner of a site contaminated with hazardous substances may bring claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Massachusetts law against the responsible prior owner to recover costs the current owner incurred in c...

Orchard Lane Rd. Ass'n v. Pete Lien & Sons, Inc.

The court affirms a district court's award of attorney fees to plaintiffs in a citizen suit against a mining company for alleged violations of the open dumping provisions of §4005(a) of the Resource Conservation and Recovery Act (RCRA) and RCRA §7002(a)(1)(B)'s imminent hazard provisions. The part...

Oregon Natural Resources Council v. Lowe

The court holds that the U.S. Forest Service (Forest Service) did not act arbitrarily and capriciously in meeting the habitat requirements of old growth inhabiting species in the Winema National Forest in Oregon under the National Forest Management Act (NFMA), and regulations promulgated under it. T...

Pacific N.W. Generating Coop. v. Brown

The court affirms a district court decision that dismissed a challenge by corporate and cooperative hydropower consumers to a decision by federal agencies to augment water flow over dams on the Columbia River in the Pacific Northwest. The flow augmentation is intended to improve juvenile migration o...