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American Trucking Ass'n v. EPA
The court holds that the U.S. Environmental Protection Agency's (EPA's) construction of the Clean Air Act (CAA) in promulgating the revised national ambient air quality standards (NAAQS) for ozone and particulate matter (PM) effects an unconstitutional delegation of legislative power and remands the...
Rith Energy, Inc. v. United States
The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that supplies a local community with drinking water. The court first ho...
Harmon Indus., Inc. v. Browner
The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's authority under the Act. EPA initiated a RCRA enforcement action agains...
American Trucking Ass'n v. EPA
The court denies in part and grants in part the U.S. Environmental Protection Agency's (EPA's) petition for rehearing of a decision holding that EPA's revised national ambient air quality standards (NAAQS) for ozone were not based on intelligible principles in the Clean Air Act (CAA) for setting suc...
Molycorp, Inc. v. EPA
The court holds that it lacks jurisdiction to review a mining corporation's Resource Conservation and Recovery Act (RCRA) claims arising from a U.S. Environmental Protection Agency (EPA) document addressing whether certain mining processes produced hazardous waste. The document discussed the rare ea...
Jorling v. Department of Energy
The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...
United States v. Hill
The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...
Christie-Spencer Corp. v. Hausman Realty Co.
The court refuses to preliminarily enjoin a lessee from using a soil vapor extraction (SVE) cleanup method during the remediation of its leased property or to require the lessee to remediate all contamination at the site. The lessee subleased the property at issue to a dry cleaner who released hazar...