The court holds that no federal or state statute of limitations bars citizen suits under the Federal Water Pollution Control Act (FWPCA), that a smelting and metal reprocessing facility cannot invoke the upset and bypass defenses where it failed to satisfy the prerequisite notification provisions, a...

The court holds that the court-appointed receiver responsible for cleaning up a landfill may join the Environmental Protection Agency (EPA) in a motion to enforce a consent decree, but may not join potentially responsible parties (PRPs). A lawsuit had been brought by a group of citizens against a la...

The court rules that for purposes of §6(f) of the Occupational Safety and Health Act, a standard is promulgated on the date that it is published in the Federal Register, rather than when it is filed with the Office of the Federal Register. Existing Occupational Safety and Health Administration regu...

The court holds that the operator of an industrial plant built over a closed solid waste landfill must conduct a surface cleanup under the New Jersey Environmental Cleanup Responsibility Act (ECRA). The plant is an "industrial establishment" under ECRA that must be cleaned up prior to closure or tra...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) statute of limitations does not apply retroactively to response costs incurred prior to its enactment in October 1986, and an individual owner of a hazardous waste site who took no part in the...

The court holds that a federal three-year statute of limitations for tort actions does not apply in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost action, and the doctrine of laches is inapplicable since the United States has brought suit in its sovere...

The court holds that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA) and the Federal Power Act (FPA) by issuing a hydroelectric project license without first preparing an environmental impact statement (EIS) and creating a comprehensive developme...

The court holds that three additions to the Occupational Safety and Health Administration's (OSHA's) revised hazard communication standard are not subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). In response to a previous order by the court, in ...

The court holds that civil penalties may be assessed and injunctive relief issued under the Clean Air Act against a government contractor that operates an aircraft plant owned by the Air Force. The court first holds that it has subject matter jurisdiction, even though the government is suing the def...

The court reinstates its holding that a defendant in a Federal Water Pollution Control Act (FWPCA) citizen suit is liable for violations of its national pollutant discharge elimination system permit, but conditions liability on plaintiff's ability to prove ongoing violations or the reasonable likeli...