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North Carolina v. Hudson

The court holds that the Army Corps of Engineers' issuance of construction permits for a project to pipe water from Lake Gaston in North Carolina to Virginia Beach, Virginia, violated the National Environmental Policy Act (NEPA), since the Corps inadequately considered the environmental effects on s...

United States v. Cumberland Farms of Conn., Inc.

The court holds that a farming corporation violated §§301 and 502 of the Federal Water Pollution Control Act (FWPCA) from 1977 to 1985 by converting freshwater wetlands in the Great Cedar Swamp in Massachusetts into farmland without first obtaining an FWPCA §404 permit from the Army Corps of Engi...

Maryland Casualty Co. v. Armco, Inc.

The court holds that the costs of compliance with cleanup orders and reimbursement for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs are not "damages" within the meaning of a general comprehensive liability insurance policy. Noting that for insurance p...

United States v. Beaird Coal Co.

The court rules that the exemption from reclamation fees under Surface Mining Control and Reclamation Act (SMCRA) §701(28)(A) for coal extracted incidentally to the mining of other minerals must be calculated independently for each separate mining site. Defendant mine operators sought to aggregate ...

United States v. Rivera Torres

The court holds that the Puerto Rico Federal Relations Act (FRA) does not preclude the operation of the Federal Water Pollution Control Act (FWPCA) in Puerto Rico, and that the pendency of a related lawsuit in Puerto Rico courts does not affect the jurisdiction of the federal court over this case. T...

EPA v. New Orleans Pub. Serv., Inc.

The court holds that an electrical utility is not liable for polychlorinated biphenyl (PCB) contamination from electrical transformers that it installed in a brewery building, since the transformers were component parts of the building rather than movables owned by the utility. EPA had assessed a $1...

In re Mattiace Indus.

The court holds that a Chapter 11 bankruptcy petition should be dismissed where the debtor in possession maintains a hazardous waste site in violation of state environmental laws and does not have funds to implement cleanup. The court declines to appoint a trustee in the case, expressing concern tha...

National Wildlife Fed'n v. Hodel

The court holds that trade associations representing coal mining companies are entitled to intervene as of right in a citizen suit alleging the Office of Surface Mining's and the Department of the Interior's nationwide failure to enforce the Surface Mining Control and Reclamation Act (SMCRA), and pl...

Bersani v. EPA

The court holds that the Environmental Protection Agency (EPA) acted within its authority when it vetoed under §404(c) of the Federal Water Pollution Control Act (FWPCA) a Corps of Engineers permit authorizing construction of a shopping mall in the Sweeden's Swamp wetlands in South Attleboro, Massa...

Fairview Township v. EPA

The court holds that the Environmental Protection Agency was entitled to insist on a current application when considering whether to award a grant under the Federal Water Pollution Control Act for construction of a local sewage treatment system.
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