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Montgomery County v. EPA

The Fourth Circuit upholds the Environmental Protection Agency's (EPA's) designation of seven drainage basins in Montgomery County, Maryland, as an aquifer pursuant to §300h-3(e) of the Safe Drinking Water Act. Given the United States Geological Survey's (USGS's) conclusion that a 130-square-mile a...

In re Oswego Barge Corp.

The Second Circuit Court of Appeals rules that §311 of the Federal Water Pollution Control Act (FWPCA) preempts the federal government's right under §13 of the Rivers and Harbors Act (Refuse Act), common-law nuisance, and maritime tort law to recover from the owner of a discharging vessel the cost...

Big Fork Mining Co. v. Tennessee Water Quality Control Bd.

The Tennessee Court of Appeals holds that the Tennessee Anti-Degradation Statement, an administrative rule promulgated by appellee pursuant to the Tennessee Water Quality Control Act, TENN. CODE ANN. §§70-324 et seq., and its application in the denial of appellant's permit application are constitu...

Scott v. Hammond, City of

The district court rules that plaintiffs are entitled to seek relief under Illinois common and statutory law against out-of-state defendants for pollution of Lake Michigan. The state of Illinois and private plaintiffs filed suit against two Indiana municipalities for discharging large quantities of ...

State v. Budd Co.

The Ohio Court of Appeals for Wood County upholds appellant's conviction and $150 fine for the misdemeanor of disposing of oil into state waters. The statute, which states that no "person shall place or dispose of in any manner, any . . . oil . . . in any ditch, stream . .&n...

Milardo v. Coastal Resources Management Council of R.I.

The court upholds the constitutionality of the state of Rhode Island's denial of plaintiff's application for a sewage disposal system permit for a waterfront residence. Initially, it rejects plaintiff's claim that the denial of the permit is an uncompensated taking of his property in violation of th...

New Brunswick, City of v. Milltown, Borough of

The court holds that §204(b)(1) of the Federal Water Pollution Control Act authorizes the Environmental Protection Agency (EPA) to withhold construction grant funds from a county sewerage authority to which a municipality without a user charge system indirectly discharges its sewage, but not to ord...

No Oilport! v. Carter

The court rules that the president's choice of a Northern Tier Pipeline route to transport Alaskan crude oil from the West Coast to the Midwest and the Interior Department's granting of right-of-way permits did not violate the Publics Utility Regulatory Policies Act (PURPA), the National Environment...

Bethlehem Steel Corp. v. EPA

The Third Circuit rules that the Environmental Protection Agency's (EPA's) disapproval of a delayed compliance order (DCO) for steel furnace fugitive particulate emissions issued by the Pennsylvania Department of Environmental Resources pursuant to §113(d) of the Clean Air Act was invalid. The cour...

Pruitt v. Allied Chem. Corp.

The court dismisses claims for damages filed by certain categories of plaintiffs alleging indirect economic harm from kepone pollution in the James River and Chesapeake Bay. It holds that seafood wholesalers, retailers, processors, distributors, and restaurateurs may not maintain actions for neglige...