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Columbia River United v. Reilly

The court holds that the U.S. Environmental Protection Agency's (EPA's) conditional approval under §304(l) of the Federal Water Pollution Control Act (FWPCA) of individual control strategies (ICSs) for eight pulp and paper mills does not moot a lawsuit challenging the agency's failure to establish ...

Conservation Law Found. of New England v. Mosbacher

The court holds that regulated commercial fishing groups have sufficient interest to intervene as of right in a suit filed against the Secretary of Commerce by public interest organizations seeking development of a more extensive regulation plan under the Magnuson Act that would prohibit overfishing...

Consolidated Hydro, Inc. v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission (FERC) properly exercised its licensing jurisdiction over a hydroelectric project on a small stream around which commerce must portage in order to connect an upstream lake and a downstream river, because the stream is only an interruption...

Cooper Indus. v. EPA

The court holds that it lacks subject matter jurisdiction to compel the U.S. Environmental Protection Agency (EPA) and the Michigan Department of Natural Resources (MDNR) to perform certain statutory duties in developing a remedial action plan under the Comprehensive Environmental Response, Compensa...

Corrosion Proof Fittings v. EPA

On a motion for reconsideration of a portion of its earlier decision at 22 ELR 20037, which vacated the U.S. Environmental Protection Agency's (EPA's) 1989 final rule prohibiting the manufacture and sale of asbestos products, the court holds that EPA's decision to ban products that once were, but no...

In re Dant & Russell, Inc.

The court holds that §502(e)(1)(B) of the Bankruptcy Code does not bar the owner of a contaminated industrial site in Oregon from bringing a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response action against a former lessee now in bankruptcy for response costs in...

Davrod Corp. v. Coates

The court holds that a Massachusetts regulation prohibiting vessels that exceed 90 feet from fishing in Massachusetts waters is not preempted by federal law or unconstitutional, and vacates a district court injunction against enforcement by the Massachusetts Division of Marine Fisheries (MDMF) of a ...

Employers Ins. of Wausau v. Bush

The court dismisses an insurance company's claim under §106(b)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. Environmental Protection Agency (EPA) for reimbursement of response costs, substitutes the United States as sole defendant for sta...

Environmental Transp. Sys., Inc. v. ENSCO, Inc.

The court holds that a trucking company is not entitled to contribution from a waste disposal firm under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the cleanup costs of a spill of polychlorinated biphenyls (PCBs) that resulted when a company tr...

FMC Corp. v. Department of Commerce

The court holds that during World War II the United States "owned" and "operated" a high tenacity rayon manufacturing facility within the meaning of §§101(20) and 107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act, and must indemnify the former owner of the nati...