The court dismisses the federal government's claims against the Monsanto Corp. which alleged violations of Illinois products liability law and §13 of the Rivers and Harbors Act. Plaintiff contended that defendant, a seller of hydraulic fluids containing polychlorinated biphenyls (PCBs), violated st...

The Court of Claims affirms the Trial Division's ruling, 13 ELR 20029, that the Minneapolis Park and Recreation Board cannot recover, pursuant to §311(i)(1)(D) of the Federal Water Pollution Control Act, costs incurred in cleaning up an oil spill partially caused by vandalism.
Counsel are listed a...

In an action to order cleanup of PCB-contaminated soil, groundwater, and river sediments, the court rules that the 1972 Amendments to the Federal Water Pollution Control Act (FWPCA) do not preclude injunctive relief under the Refuse Act and that injunctive relief is also authorized under §309(b) of...

The Tenth Circuit, reversing the district court, 11 ELR 20036, upholds an opinion of the Solicitor of the Department of the Interior interpreting §603(c) of the Federal Land Policy and Management Act to require imposition of restrictions upon mineral leasing on lands being considered for wilderness...

The court refuses to preliminarily enjoin defendants from engaging in dredge and fill activities without a permit, allegedly in violation of §§301 and 404 of the Federal Water Pollution Control Act (FWPCA). The court first rules that it is likely that plaintiff will prevail on the merits of some o...

The court denies reimbursement under §311 of the Federal Water Pollution Control Act (FWPCA) to an insurer for the cost of cleaning up an oil spill caused by vandals because it failed to show that its insured took all reasonable precautions to prevent the spill. Section 311(i)(1) of the FWPCA allow...

The court affirms the district court's dismissal of a neighborhood association's suit to enjoin Department of Housing and Urban Development (HUD) rent subsidies for a low-income housing project for failure to comply with the National Environmental Policy Act and HUD site and neighborhood standards. ...

The court rules that the Corps of Engineers was not arbitrary and capricious in denying an after-the-fact permit under §404 of the Federal Water Pollution Control Act (FWPCA) and §10 of the Rivers and Harbors Act (RHA) for the construction of a levee and pumping station in a cypress-tupelo gum swa...

The court refuses to enjoin the government defendants from spraying marijuana crops in Florida with paraquat, finding no violation of the National Environmental Policy Act (NEPA) or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court clarifies first that the suit, which seeks ...

The court rules that appellants lack standing to challenge the Environmental Protection Agency's approval of funds for a work plan under §208 of the Federal Water Pollution Control Act (FWPCA). In a citizen suit under §505 of the FWPCA, appellants claimed that five percent of the funds were not us...