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United States v. Tennessee Water Quality Control Bd.

The court rules that the diversion of water at a federal flood control and power project is not a discharge of pollutants within the meaning of §313 of the Federal Water Pollution Control Act (FWPCA) requiring federal compliance with state pollution control requirements. The court rules that §313 ...

Eldorado Coal Co. v. Watt

The court upholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act, which requires payment of penalties into escrow prior to an administrative hearing. Relying on an earlier decision, the court rules that §518(c) satisfies the procedural due process requirements o...

Coon Creek Watershed Dist. v. State Envtl. Quality Bd.

The court holds that a statutorily mandated repair of a drainage ditch is not exempt from the environmental impact statement (EIS) requirement of Minnesota's Environmental Protection Act. The state's Environmental Quality Board concluded that the ditch was distinguished by its length of 8.2 miles, t...

Caldwell v. Gurley Ref. Co.

The court holds that it lacks jurisdiction under the citizen suit provision of the Federal Water Pollution Control Act (FWPCA) to compel the Environmental Protection Agency (EPA) to issue compliance orders relating to discharges from defendant's disposal pit. Section 505 of the FWPCA authorizes citi...

Winston Ford Co. v. Watt

The court upholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires prepayment of penalties into escrow prior to an evidentiary hearing. Plaintiff's petition for review of the assessed penalties was dismissed for failure to comply with §518(...

Blackhawk Mining Co. v. Department of the Interior

The courtupholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires an alleged violator to prepay the proposed civil penalty into escrow prior to obtaining an evidentiary hearing. Initially the court rejects plaintiff's contention that it is e...

Council of Commuter Orgs. v. Metropolitan Transp. Auth.

The court affirms the district court's dismissal, 12 ELR 20342, of a citizen suit to compel Environmental Protection Agency (EPA) approval and federal, state, and local enforcement of portions of the New York state implementation plan (SIP) for New York City. The court rules that appellants' action ...

Illinois v. General Elec. Co.

The Seventh Circuit rules that the Illinois Spent Fuel Act, which prohibits the shipment of spent nuclear fuel into the state for storage, violates the Commerce Clause of the Constitution and is preempted by the Atomic Energy Act (AEA). Appellees sought a declaratory judgment in district court that ...

Exxon Corp. v. Hunt

The Third Circuit affirms the district court's dismissal, 11 ELR 20886, of appellants' suit to enjoin a state tax imposed under the New Jersey Spill Compensation and Control Act for lack of subject matter jurisdiction. In seeking a declaration that §114(c) of the Comprehensive Environmental Respons...

Ashland Oil, Inc. v. Miller Oil Purchasing Co.

The Fifth Circuit rules that a hazardous waste disposal company and two sellers of crude oil are strictly liable for damages incurred by Ashland Oil, Inc., as a result of defendants' injection of a toxic industrial waste into Ashland's pipeline system. Defendant Rollins-Purle, Inc., who had agreed t...