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Habitants Against Landfill Toxicants v. York, City of

The court rules that people alleging injuries from toxic chemicals leaking into their property from a neighboring landfill may bring an action for a medical surveillance trust fund and cleanup injunction. The court initially denies defendants' motion to strike the complaint for failing to specify th...

Fairview Township v. EPA

The court holds that a citizens' suit under the Federal Water Pollution Control Act (FWPCA) to compel the Administrator of the Environmental Protection Agency (EPA) to approve an application for a sewage treatment construction grant is not a suit for money damages, and that the EPA Administrator was...

Wheaton Indus. v. EPA

The court rules that it lacks subject matter jurisdiction to hear plaintiff's challenge to a proposed federal-state remedial investigation/feasibility study (RI/FS) of a New Jersey hazardous waste site to be cleaned up under §104 of the Comprehensive Environmental Response, Compensation, and Liabil...

Boonton, Mayor of v. Drew Chem. Corp.

The court rules that a municipality may be a "state" for purposes of recovery under §107(a)(4)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that CERCLA authorizes recovery of response costs incurred before the Act became law. The court first rules tha...

United States v. Water Quality Ins. Syndicate

The court holds that in an action brought by the United States under §311(f)(1) of the Federal Water Pollution Control Act (FWPCA) to recover expenses incurred in cleaning up an oil spill the appropriate statute of limitations is determined by 28 U.S.C. §2415, and that the appropriate limitation i...

United States v. Wayne County Dep't of Health

The court rules that a district court lacks authority to bar reallocation or other disposal of Federal Water Pollution Control Act (FWPCA) sewage treatment construction grants allocated to Detroit for a fiscal year, but unobligated. In 1979 the United States and Detroit settled an FWPCA enforcement ...

Wehner v. Syntex Corp.

The court issues a protective order concerning production of soil samples allegedly contaminated with dioxin, and holds that the Environmental Protection Agency (EPA) need not produce soil samples sought by defendants, unless defendants agree to make the results of their analysis available to EPA. S...

United States v. Tull

In a Federal Water Pollution Control Act §404 enforcement appeal, the court rejects defendant's Commerce Clause, void-for-vagueness, and jury trial claims and holds that the government was not equitably estopped from bringing this action. The court first holds that regulation of wetlands is within ...

Fritiofson v. Alexander

The court holds that the Corps of Engineers did not perform an adequate analysis of the cumulative impacts that may flow from a home development project on Galveston Island, Texas, but that it is too early to determine whether an environmental impact statement (EIS) regarding development of the site...

Druid Hills Civic Ass'n v. Federal Highway Admin.

The court holds that an environmental impact statement (EIS) prepared in connection with the contruction of the Presidential Parkway in Atlanta adequately considered traffic and safety impacts of the proposed highway on local streets, but did not support a finding under §4(f) of the Department of T...