The Third Circuit upholds the constitutionality of provisions in the Federal Insecticide, Fungicide, and Rodenticide Act governing the Environmental Protection Agency's (EPA's) use of test data submitted in support of applications for registration of pesticides, but remands the pertinent EPA regulat...

The court holds that a plaintiff in a citizen suit under the Clean Air Act must meet minimum constitutional standing requirements. Since plaintiff failed to allege any injury resulting from defendants' alleged statutory violation in granting a permit for a cement facility, the action against local a...

The court preliminarily enjoins the city of Boston from enforcing certain rules governing the transportation of hazardous materials through city streets. Under the Hazardous Materials Transportation Act (HMTA) only those state rules that are inconsistent with federal regulations are preempted. The c...

The court dismisses a challenge to the Corps of Engineers' denial of a dredge and fill permit application under §10 of the Rivers and Harbors Act and §404 of the Federal Water Pollution Control Act. Applying the arbitrary and capricious standard of review, the court finds that the Corps acted with...

The Seventh Circuit holds that Illinois' federal common law of nuisance claims for pre-1972 pollution of navigable waters are preempted by the 1972 Federal Water Pollution Control Act Amendments (FWPCA). The court's prior decision, 10 ELR 20323, was vacated by the Supreme Court, 11 ELR 10131, and re...

The Third Circuit affirms the district court's ruling, 12 ELR 20136, that §204(b)(1) of the Federal Water Pollution Control Act (FWPCA) authorizes the Environmental Protection Agency (EPA) to withhold sewage treatment grant funds from a county sewerage authority to which a municipality without a us...

Reversing the district court's denial, 11 ELR 20555, of appellant's motion to quash an administrative search warrant obtained by the Environmental Protection Agency (EPA), the Sixth Circuit holds that, under §114(a)(2) of the Clean Air Act, employees of private contractors are not representatives o...

The district court holds that §7003 of the Resource Conservation and Recovery Act (RCRA) provides a substantive cause of action applicable to acts preceding the statute's enactment that resulted in present conditions of imminent hazard. Initially, the court rules that §7003 establishes a substanti...

The Third Circuit invalidates the Environmental Protection Agency's (EPA's) action in indefinitely postponing the effective date of final amendments to regulations governing Federal Water Pollution Control Act pretreatment standards for failure to comply with the notice-and-comment requirements of t...

The court orders defendants, operators of a hazardous waste disposal facility, to comply with the notification and interim status requirements of the Resource Conservation and Recovery Act (RCRA). Plaintiffs commenced this action under the citizen suit provision of RCRA alleging that defendants were...