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Christianson v. Hauptman

The court upholds a National Park Service (NPS) regulation that rescinds a community's exemption from a general ban prohibiting the operation of seaplanes and amphibious aircraft on land or water throughout the Fire Island National Seashore in New York. The community of Robbins Rest had been exempte...

Colorado Wildlife Fed'n v. Turner

The court holds that the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) by failing to designate the critical habitat of the razorback sucker fish within two years of the U.S. Environmental Protection Agency's (EPA's) listing the species as endangered under the ESA, an...

In re Combined Air & Solid Waste Permit No. 2211-91-OT-1

The court holds that the Minnesota Pollution Control Agency's (MPCA's) denial of an incinerator construction permit is erroneous as a matter of law, and directs the MPCA to issue the permit. The court first holds that the MPCA's findings that the proposed Dakota County incinerator would produce unac...

Conservation Law Found. of New England v. Franklin

The court denies a motion by intervening fishing associations to vacate a consent decree between the Secretary of Commerce and an environmental group under the Magnuson Fisheries Conservation and Management Act (MFCMA). The MFCMA requires regional fishery management councils to promulgate fishery ma...

In re Cuyahoga Equip. Corp.

The court holds that a district court has jurisdiction under §113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to approve a settlement agreement that resolves bankruptcy claims arising out of an action in the Southern District of New York and a CERCLA cos...

Dedham Water Co. v. Cumberland Farms Dairy, Inc.

The court affirms a district court decision that a public water utility cannot recover response costs incurred as a result of alleged threatened releases of hazardous waste from a truck maintenance facility on the opposite side of a river from the utility's drinking water wells. In March 1979, the u...

Dico, Inc. v. Diamond

The court upholds as reasonable the Environmental Protection Agency's (EPA's or the Agency's) interpretation that §106 of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA) does not provide for reimbursement to parties who received orders to clean up a site before §...

Douglas County v. Lujan

The court holds that the U.S. Fish and Wildlife Service (FWS) is not exempt, expressly or impliedly, from the environmental impact statement's (EIS') requirements of the National Environmental Policy Act (NEPA) in designating northern spotted owl critical habitat under the Endangered Species Act (ES...

Elk Grove v. Evans

The court holds that a town's action to enjoin the U.S. Army Corps of Engineers (Corps) from granting a company a permit for the construction of a radio tower in a floodplain near the town without first performing an individualized assessment of compliance with Executive Order No. 11988 is moot. The...

Environmental Defense Fund v. Chicago, City of

On remand from the U.S. Supreme Court, the court holds that a U.S. Environmental Protection Agency (EPA or the Agency) memorandum presenting a new interpretation of the Resource Conservation and Recovery Act (RCRA) §3001(i) exemption for municipal waste combustion ash from RCRA Subtitle C hazardous...