Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Old Bridge Chems. v. Commissioner

The court holds that the New Jersey Department of Environmental Protection's amendment of the definition of solid waste to include waste material to be recycled does not contravene the state's Solid Waste Management Act. The broad definition actually advances the purposes of the statute by serving t...

J. Filiberto Sanitation, Inc. v. New Jersey Dep't of Envtl. Protection

The court holds that a regulation issued under the New Jersey Solid Waste Management Act requiring solid waste haulers to deposit all trash collected in a county at a specified transfer station does not violate the Commerce Clause. The court first holds that the district court had subject matter jur...

Wells v. United States

The court holds that the Federal Tort Claims Act's discretionary function exception bars an action by residents of the Dallas, Texas, area alleging that the Environmental Protection Agency (EPA) negligently failed to regulate lead pollution from three local lead smelters or warn of the hazards. The ...

Environmental Encapsulating Corp. v. New York, City of

The court holds that the Occupational Safety and Health Act (OSH Act) and its regulations partially preempt New York City's training and certification program for asbestos abatement workers. The court first holds that OSH Act §18's express preemption provisions preempt only those portions of the ci...

Piccolini v. Simon's Wrecking

The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) owners of property adjacent to a hazardous waste landfill may recover their response costs, but not damages of lost property value and income, and the owners may proceed under state law clai...

United States v. Northernaire Plating Co.

The court holds that the Environmental Protection Agency's (EPA's) decision to bypass the competitive bidding process was consistent with the National Contingency Plan (NCP), and EPA may recover indirect costs and prejudgment interest. The court holds that the defendant is not entitled to a jury tri...

Tanglewood E. Homeowners v. Charles-Thomas, Inc.

The court holds that companies involved in the development of a subdivision contaminated with hazardous wastes prior to the subdivision's construction may be held liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and that the Resource...

Louisiana ex rel. Guste v. Verity

The court holds that regulations requiring shrimp trawlers offshore Louisiana to reduce the incidental catch of sea turtles by using turtle exclusion devices (TEDs) are not arbitrary or capricious and do not violate constitutional guarantees of equal protection. The regulations required trawlers in ...

Oklahoma Wildlife Fed'n v. Corps of Eng'rs

The court holds that the Army Corps of Engineers properly found no significant impact on the quality of the environment from a water transfer project, based on proposed mitigation measures. The Corps issued a permit to the North Texas Municipal Water District and the Greater Texas Utility Authority ...

Public Interest Research Group of N.J. v. Ferro Merchandising Equip. Corp.

The court holds that unanticipated deficiences in a sewer system do not excuse violations of a Federal Water Pollution Control Act (FWPCA) consent decree, and a good-faith effort to comply with the court's order is not a defense to contempt. The court first holds that it will not reconsider its prev...