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229 Main St. Ltd. Partnership v. Massachusetts Dep't of Envtl. Protection

The court holds that Massachusetts' environmental superlien statute, which allows the commonwealth to place a priority lien on property after spending money assessing or cleaning up a polluted tract of land, evades the Bankruptcy Code's automatic stay provision. The case arose after Massachusetts so...

1000 Friends of Md. v. Browner

The court denies an environmental group's petition to review the U.S. Environmental Protection Agency's (EPA's) approval of Maryland's revised motor vehicle emissions budget (MVEB) for the Baltimore ozone nonattainment area. In 1999, EPA determined that the MVEB in the state's attainment demonstrati...

United States v. Elias

The court upholds the conviction of a fertilizer company owner who allowed hazardous waste to be disposed of without a permit while knowing that his actions placed others in imminent danger of death or serious bodily injury, but the court vacates a district court order requiring the owner to pay a $...

Sierra Club v. Whitman

The court affirms a February 2001, district court order requiring the U.S. Environmental Protection Agency (EPA) to make an air quality attainment status determination for the St. Louis, Missouri, area and to publish it in the Federal Register by March 20, 2001, and affirms a subsequent court order ...

Pennsylvania Fed'n of Sportsmen's Clubs v. Hess

The court holds that the Eleventh Amendment bars all but two claims brought by citizen groups in federal court against a state official accused of failing to implement, administer, enforce, and maintain a federally approved state coal mining program under the Surface Mining Control and Reclamation A...

Citizens for Pa.'s Future v. Mallory

The court grants an environmental group's motion for partial summary judgment against Pennsylvania officials for failing to implement the state-enhanced vehicle inspection and maintenance (I/M) program in 16 counties by November 15, 1999, as required by the Pennsylvania state implementation plan (SI...

Fund for Animals v. Thomas

The court holds that the U.S. Forest Service policy of leaving game "baiting" regulation in the National Forest System to the states complies with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The court first holds that the adoption of the new policy is not a maj...

Ellison v. Connor

The court upholds the U.S. Army Corps of Engineers' decisions to deny permits that would have allowed landowners to build camp structures on their property in the Atchafalaya floodway in Louisiana. The landowners purchased their property subject to a perpetual flowage, channel, and disposal easement...

Avondale Fed. Sav. Bank v. Amoco Oil Co.

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former owner, and then proceeded to clean up the property before relie...

Citizens Coal Council v. Norton

The court holds that the Surface Mining Control and Reclamation Act (SMCRA) §1272(e) prohibits subsidence and underground mining activities that might lead to subsidence in parks and protected areas. The Secretary of the Interior interpreted §1272(e), which prohibits surface coal mining operations...