The court holds that the U.S. Environmental Protection Agency (EPA) properly supported its decision not to promulgate a requirement mandating waste separation in its proposed rules regulating municipal incinerators under §111 of the Clean Air Act, but EPA did not adequately explain its reasons for ...

The Court holds that provisions of the Low-Level Radioactive Waste Policy Amendments Act of 1985 that were intended to encourage states to provide for the disposal of low-level radioactive waste (LLRW) by conditioning grants, imposing disposal surcharges, and denying access to disposal sites, do not...

The court holds that any compound of cadmium, chromium, and lead is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and a hazardous waste generator is liable under CERCLA for response costs and natural resource damages incurred at New Y...

The court holds that a citizen suit against New York City and city agencies for alleged violations of the Federal Water Pollution Control Act (FWPCA) resulting from the discharge of leachate from a city-operated landfill into a local bay is not barred by FWPCA §309(g)(6)(A)(ii). In December 1985, t...

The court rules that the federal environmental statutes that control U.S. Department of Energy (DOE) facilities in New York do not constitute a blanket waiver of sovereign immunity that subjects the United States to any and all taxes, charges, and fees assessed against it by a state as part of that ...

The court holds that purchasers of real property may not recover costs of cleaning up contaminated soil from the vendor because the purchasers have contractually waived that right. The purchase contract stated that the purchasers have inspected and bought the property "as is" and have agreed to assu...

The court grants a protective order for communications among the U.S. Attorney's office, the Environmental Protection Agency (EPA), and the Army Corps of Engineers relating to the Corps' issuance of a permit under Federal Water Pollution Control Act §404 for the construction of a residuals landfill...

The court upholds the Corps of Engineers' decision to issue a Federal Water Pollution Control Act (FWPCA) §404 permit for the residuals landfill portion of the Boston Harbor cleanup. The construction of the landfill in the town of Walpole will require filling a 600-square-foot man-made wetland area...

The court holds that the U.S. Army Corps of Engineers properly applied its Federal Water Pollution Control Act §404(b)(1) guidelines in issuing a permit to place fill in an artificial wetland and properly concluded that the landfill was not contrary to the public interest, and that the district cou...

The court holds that a citizen suit alleging violation of the Federal Water Pollution Control Act (FWPCA) in connection with discharges from the town's sewage treatment facility is barred under FWPCA §309(g)(6) because the Massachusetts Department of Environmental Protection's (DEP's) issuance of a...