The Wisconsin Supreme Court holds that the owner of a solar-heated residence has a cause of action in common-law private nuisance for the alleged obstruction of solar access by an adjoining landowner. Appellant asserted that respondent's proposed home, although in conformance with existing deed rest...

The court denies defendants' petition to vacate their convictions for discharging pollutants from mushroom composting operations without a national pollutant discharge elimination system permit in violation of §§301(a) and 309(c) of the Federal Water Pollution Control Act (FWPCA). The Third Circui...

The district court rules that New York City Fire Department regulations governing the transportation of hazardous gas in and around New York City are not preempted by the Hazardous Materials Transportation Act (HMTA) or the Motor Carrier Safety regulations. The fire department regulations allow only...

The court rules that an action for civil penalties under §309(d) of the Federal Water Pollution Control Act (FWPCA) for an unpermitted discharge of water pollution resulting from a spill from a Mississippi River barge is not subject to the Limitation of Shipowner's Liability Act. Since the language...

The Ohio Supreme Court holds that a schedule of compliance is an enforceable condition of a national pollutant discharge elimination system (NPDES) permit and upholds a civil penalty for violation of the permit based on consideration of environmental harm, economic benefit, defendant's recalcitrance...

The court rules that §106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not merely a jurisdictional provision, but creates substantive liability for the release of hazardous waste that creates an imminent and substantial endangerment to the public healt...

The court upholds the Federal Aviation Administration's (FAA's) finding that increased use of runway 13L at the Dallas-Fort Worth Regional Airport for a 60-day test period does not require preparation of an environmental impact statement (EIS). Applying a "reasonableness" standard of review, thecour...

The court enjoins further implementation of a §404 permit under the Federal Water Pollution Control Act for a flood protection project until the Corps of Engineers complies with the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA). The court first rules tha...

The court modifies an order, 13 ELR 20003, enjoining a flood protection project because of the Army Corps of Engineers' failure to comply with the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) before granting a §404 permit under the Federal Water Polluti...

The D.C. Circuit, reversing the district court, 12 ELR 20268, rules that the Environmental Protection Agency's (EPA's) determination that dam-induced water quality changes do not constitute the "discharge of pollutants" as defined in §502(12) of the Federal Water Pollution Control Act (FWPCA) is re...