The court rules that a U.S. Fish and Wildlife Service (FWS) regulation promulgated under the Marine Mammal Protection Act (MMPA) is consistent with Congress' intent to protect native Alaskan subsistence hunting and a limited economy and is not unconstitutionally vague. Although the MMPA provides nat...
The court holds that a Michigan village ordinance imposing registration, posting, and notice requirements for commercial pesticides is implicitly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). That FIFRA does not expressly preempt the village ordinance does not necessa...
The court holds that a hazardous waste site operator is not entitled to a stay of the court's permanent injunction for violations of the Resource Conservation and Recovery Act (RCRA) to allow it to accept additional hazardous waste pending appeal. The court holds that defendant has not demonstrated ...
The court holds that an environmental group that successfully intervened in a Resource Conservation and Recovery Act (RCRA) action by the Environmental Protection Agency (EPA) against a hazardous waste disposal facility is entitled to attorney fees. The court first holds that the environmental group...
The court holds that an environmental group is entitled to attorney fees under the Equal Access to Justice Act (EAJA) for their successful challenge to a Corps of Engineers' wetlands determination under the Federal Water Pollution Control Act (FWPCA). The court first holds that plaintiffs are not en...
The court holds that plaintiffs are entitled to $74,973 in interim attorney fees under the Equal Access to Justice Act for their challenge to a Corps of Engineers' wetlands determination under the Federal Water Pollution Control Act (FWPCA). The court holds that 48.25 hours to prepare plaintiffs' pa...
The court holds that a claim for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not dischargeable in bankruptcy by a corporate debtor unless there has been a prepetition release or threatened release of hazardous waste. After a diversified c...
The court generally upholds the Environmental Protection Agency's (EPA's) regulations under the Resource Conservation and Recovery Act (RCRA) governing the deep well injection of hazardous waste against challenges from industry and environmental petitioners. Responding first to industry claims that ...
The court holds that a metropolitan sanitary district's claim for civil penalties against the United States Navy for failure to comply with a sewage discharge agreement is barred by the doctrine of sovereign immunity. The court first holds that it has subject matter jurisdiction under §313 of the F...
The court rules that the Postal Service need not complete and fully comply with the environmental review process of the National Environmental Policy Act (NEPA) before completing condemnation proceedings that do not represent an irretrievable commitment of resources. Prior to completion of the NEPA ...