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Salt Pond Assocs. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers (the Corps) had jurisdiction under §404 of the Federal Water Pollution Control Act (FWPCA) to compel a developer to apply for an after-the-fact permit for the excavation and clearing of wetlands, and the court upholds the Corps' decision to deny...

Santa Barbara County Air Pollution Control Dist. v. EPA

The court holds that U.S. Environmental Protection Agency (EPA) regulations establishing federal offset requirements for outer continental shelf (OCS) sources of air pollution violate Clean Air Act (CAA) §328's requirement that such regulations be identical to those in the corresponding onshore are...

Santiago v. Sherwin Williams Co.

The court rejects application of the market share theory of liability in a lead poisoning case in which the plaintiff could not identify which, if any, of defendant paint manufacturers and marketers was the source of lead in the paint she ingested. Plaintiff suffered from lead poisoning as a direct ...

Satsky v. Paramount Communications, Inc.

The court holds that a consent decree resolving a state's claims for natural resource damages and response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state law does not bar suit by private parties for injuries to purely private interests from t...

Save Our Health Org. v. Recomp of Minn., Inc.

The court holds that the operator of a mixed municipal solid waste composting facility did not violate the odor limits of Minnesota's state implementation plan (SIP). The court first holds that it has jurisdiction over the action, which was brought by citizen groups under §304 of the Clean Air Act ...

Sherwin-Williams Co. v. Hamtramck, City of

The court holds that a city that formerly owned a contaminated site may not recover from another past owner response costs the city incurred in cleaning up the site, because the city failed to comply substantially with the national contingency plan (NCP) as required by §107(a)(4)(B) of the Comprehe...

Sidney S. Arst Co. v. Pipefitters Welfare Educ. Fund

The court reverses a district court's dismissal of a complaint alleging that two corporate officers are liable for response costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as owners or operators of a scrap metal facility contaminated by poly...

Sierra Club v. Babbitt

The court holds that several defendant-intervenors lack standing to appeal a district court judgment ordering the U.S. Fish and Wildlife Service (FWS) to develop and disseminate information about the springflows necessary to sustain various endangered and threatened species in San Marcos and Comal S...

Illinois Pub. Interest Research Group v. PMC, Inc.

The court refuses to dismiss or stay a Federal Water Pollution Control Act (FWPCA) citizen suit seeking civil penalties and an injunction against a chemical manufacturer alleged to be discharging pollutants in excess of the applicable U.S. Environmental Protection Agency (EPA) pretreatment standards...

James City County v. EPA

The court upholds the U.S. Environmental Protection Agency's (EPA's) veto of a Federal Water Pollution Control Act (FWPCA) §404 permit issued by the U.S. Army Corps of Engineers for the construction of a dam and reservoir that EPA based solely on a finding of unacceptable environmental effects, and...