The court rules that the Corps of Engineers abused its discretion in finding jurisdiction under §404 of the Federal Water Pollution Control Act over wetlands filled before the current regulations became effective, and under §10 of the Rivers and Harbors Act over a nonnavigable slough. The court re...
The Tenth Circuit affirms a judgment for defendants in a National Environmental Policy Act (NEPA) suit challenging the issuance of an urban development action grant. In 1979, appellee city sought from the Department of Housing and Urban Development (HUD) a grant for the expansion of its sewage treat...
The court holds that plaintiffs' claim for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not governed by the criteria for actions against the superfund under CERCLA §111. The court holds that plaintiffs have stated a claim agains...
On citizen-plaintiffs' motion for attorney fees following settlement of a §505 citizen suit under the Federal Water Pollution Control Act, the court awards $60,936.79 in fees and costs. Plaintiffs alleged that defendant had failed to comply with the national pollutant discharge elimination system p...
The court awards owners of a shopping center attorney fees pursuant to the citizen suit provisions of §505 of the Federal Water Pollution Control Act (FWPCA). The property owners had joined suit with a citizens group and individuals challenging the unpermitted discharge of diesel fuel oil and const...
The court rules that the Federal Water Polluton Control Act (FWPCA) and the Marine Protection, Research, and Sanctuaries Act (MPRSA), preempt maritime tort actions for damages resulting from polychlorinated biphenyl pollution of coastal waters. In Milwaukee v. Illinois, 11 ELR 20406, and Middlesex C...
The court rules that a recent purchaser of land on which hazardous substances earlier were disposed (1) cannot sue parties made responsible by §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if the site is not on the National Priorities List (NPL) and (2) ...
The court upholds the Secretary of the Interior's designation of certain California rivers as components of the National Wild and Scenic Rivers System, holding that the Department's violations of two Council on Environmental Quality (CEQ) timing regulations were trivial and insufficient to overturn ...
The court holds that a Mendocino County initiative ordinance prohibiting aerial application of phenoxy herbicides is not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) nor the California Food and Agriculture Code. The court begins its analysis of the state preemption qu...
The court rules that §207(c) of the Clean Air Act does not authorize the Environmental Protection Agency (EPA) to allow a manufacturer to offset widespread nonconformity with the Act's emission standards in a class of motor vehicles by achieving extra emission reductions in future classes instead o...