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Birchwood Lakes Colony Club v. Medford Lakes, Borough of

The court reverses and remands for new trial an award of damages against a municipality for discharges of effluent from its sewage treatment plant. Discharges of phosphorus from the plant caused eutrophication of a lake owned by respondent. Initially, the court overturns an award of expert witness f...

Hogan v. Brown

The court upholds the district court's finding, 11 ELR 20474, that environmental impact statements prepared for the Ouachita and Black Rivers Navigation Project in Arkansas and Louisiana adequately discuss the environmental impacts and alternatives to the creation and operation of the Felsenthal Nat...

United States v. Bushey

Defendant, the vice president of a paper recycling company, after pleading guilty to charges of discharging industrial wastes in violation of §§301(a) and 309(c)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §§1311(a), 1319(c)(1), and submitting falsified discharge monitoring reports ...

United States v. Corning Fibers, Inc.

Defendant, a paper recycling company, after pleading guilty to charges of discharging industrial wastes in violation of §§301(a) and 309(c)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §§1311(a), 1319(c)(1), is fined $50,000.
[See also United States v. Bushey, 12 ELR 20175 — Ed.]
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Sabine Towing & Transp. Co. v. United States

The court dismisses a barge operator's claim for reimbursement of oil spill cleanup costs under §311 of the Federal Water Pollution Control Act. Section 311(i)(1)(A) entitles a spiller to recover its cleanup costs from the government if the spill was caused "solely" by "an act of God." Relying on l...

H.J. Justin & Sons v. Brown

The court holds that the State of California's ban on the importation and sale of products made from endangered species is constitutional and is not preempted by the Endangered Species Act (ESA) or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Initially...

Natural Resources Defense Council v. New York, City of

The Second Circuit orders the district court to issue a preliminary injunction against the demolition of the Helen Hayes and Morosco Theaters in New York City pending final disposition of appellants' claims based on state and federal historic preservation law. The court rules that appellants have me...

New York, City of v. EPA

The district court remands for revision the Environmental Protection Agency's (EPA's) ocean dumping permit regulations promulgated pursuant to the Marine Protection, Research, and Sanctuaries Act (MPRSA). In a prior ruling, 11 ELR 20763, the court held that ocean dumping of sewage sludge may continu...

New Jersey v. United States

The district court dismisses the state of New Jersey's lawsuit seeking a declaration that provisions of the New Jersey Spill Compensation and Control Act (SCCA) are not preempted by §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The SCCA authorizes th...

Southeast Alaska Conservation Council, Inc. v. Watson

The district court issues a temporary restraining order prohibiting certain mining activities within the Misty Fjords National Monument in Alaska. The U.S. Forest Service allowed U.S. Borax to begin the mining activities, which are identical to those described in U.S. Borax's 1979 Bulk Sampling Stud...