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Environmental Technology Council v. Browner

The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its final rules by December 15, 1996. The court first holds that a state...

In re Marine Shale Processors, Inc.

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

Arc Ecology v. U.S. Maritime Admin.

A district court denied environmental groups’ motion for partial summary judgment with respect to their claim that the United States’ maintenance of the Suisun Bay Reserve Fleet violated EPA’s surface water criterion regulations promulgated pursuant to §4004(a) of RCRA. Althou...

Fresno, City of v. United States

A district court dismissed a city's RCRA and the California Hazardous Substances Account Act against the United States in a dispute concerning the environmental remediation of Old Hammer Field in Fresno, California. The site, presently occupied by an airport, was used by the United States as an Army...

Oxy USA, Inc. v. Babbitt

The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department of the Interior's (DOI's) determination that transportation costs are not deductible under the royalty provisions o...

Knaust v. Kingston, City of

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners' allegations that a proposed business park's stormwater management system will not prevent petroleum-based pollutants f...

B&B Partnership v. United States

The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first holds that the district court did not abuse its discretion whe...

Stewart v. Potts

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers or bring Administrative Procedure Act (APA), National Environmen...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing competent proof that three of the defendant target corporations dispo...

Armstrong v. ASARCO, Inc.

The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead refinery. After the plaintiffs filed their FWPCA citizen suit, the U....