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National Indem. Co. v. U.S. Pollution Control, Inc.

The court holds that response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are covered under insurance policies as "damages" resulting from "property damage." The court first holds that CERCLA response costs are "damages." The term should be given it...

Quaker State Corp. v. U.S. Coast Guard

The court holds that an oil company may be liable as a culpable third party under §311(g) of the Federal Water Pollution Control Act (FWPCA) for costs arising from excavation and removal of oil-contaminated ground at a national forest site, even if the United States Forest Service as owner/operator...

Sierra Club v. Lujan

The court holds that an environmental organization is entitled to a preliminary injunction enjoining the National Park Service (NPS) from proceeding with the construction of a hotel complex on the North Rim of Grand Canyon National Park. The NPS entered into a contract for the construction of a hote...

Lockett v. United States

The court holds that a suit under the Federal Tort Claims Act by residents alleging that the Environmental Protection Agency (EPA) failed to warn and protect them from a site contaminated with polychlorinated biphenyls is barred by the Act's discretionary function exception. EPA's decisions involved...

United States v. Coastal Ref. & Mktg., Inc.

The court holds that Clean Air Act §211(d)'s penalties for violations of the Environmental Protection Agency's (EPA's) lead phasedown rule are unconstitutional. Section 211(d) violates the separation of powers doctrine by subjecting the judgment of an Article III court to review by the executive br...

Hoffman Group, Inc. v. EPA

The court holds that the Federal Water Pollution Control Act (FWPCA) precludes preenforcement review of compliance orders issued by the Environmental Protection Agency. The compliance order directed plaintiff to cease further discharge of fill material into wetlands and to perform restoration. Preen...

Southern Pines Assocs. v. United States

The court holds that it lacks subject matter jurisdiction under the Federal Declaratory Judgment Act and the federal question statute over a developer's challenge to an Environmental Protection Agency administrative order to cease and desist the filling of wetlands. The Declaratory Judgment Act does...

United States v. Key West Towers, Inc.

The court holds that developers who partially filled a wetlands site in violation of the Federal Water Pollution Control Act (FWPCA) must restore the site to its natural state and either pay a $250,000 civil penalty or deed the site in fee simple absolute to a charitable organization for proper main...

Sierra Club v. Nueva Eng'g, Inc.

The court holds that it has jurisdiction over a Federal Water Pollution Control Act (FWPCA) citizen suit filed against a manufacturing plant, which closed down before the suit was filed, since the defendant continues to violate the recordkeeping requirements of its National Pollutant Discharge Elimi...