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United States v. Chemical Resources, Inc.

The court holds that the Environmental Protection Agency may not enforce Resource Conservation and Recovery Act (RCRA) financial responsibility requirements against underground injection facilities. Such facilities are exempted from RCRA's financial responsibility requirements by 40 C.F.R. §§265.1...

National Wildlife Fed'n v. Hanson

The court holds that environmental groups are entitled to attorney fees under §505(d) of the Federal Water Pollution Control Act (FWPCA) for their challenge to the Corps of Engineers' determination that a tract of land was not wetlands and the Environmental Protection Agency's (EPA's) failure to ov...

Ogden Envtl. Servs. v. San Diego, City of

The court invalidates San Diego's second denial of a permit for a demonstration hazardous waste incinerator, because it frustrates Congress' intent to encourage the development of innovative treatment technologies under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environm...

Natural Resources Defense Council v. EPA

The court rules on the remaining issues in the consolidated challenges to the Environmental Protection Agency's (EPA's) national pollutant discharge elimination system (NPDES) permit program regulations under the Federal Water Pollution Control Act (FWPCA). The court first addresses challenges to EP...

Natural Resources Defense Council v. Thomas

The court grants the Environmental Protection Agency (EPA) an extension of its judicially mandated deadline for approval of state implementation plans (SIPs) or promulgation of federal implementation plans (FIPs) for lead in two states. In an earlier consent order, 13 ELR 20789, EPA had agreed to ap...

South Carolina Pub. Serv. Auth. v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) licensing authority under the Federal Power Act does not include the power to displace existing state tort law regarding liability for damages caused by FERC licensees. FERC had imposed certain conditions on the continued opera...

Stoughton, City of v. EPA

The court holds that the Environmental Protection Agency's (EPA's) decisions to include four hazardous waste sites on the National Priorities List (NPL) were not arbitrary or capricious. The court first upholds EPA's inclusion of the Stoughton Landfill site in Wisconsin on the NPL. The record does n...

Hazardous Waste Treatment Council v. EPA

The court upholds the Environmental Protection Agency's (EPA's) regulations under the Resource Conservation and Recovery Act (RCRA) governing the burning of hazardous waste, including used oil, as fuel. The court first holds that a trade organization composed of firms engaged in the treatment of haz...

Tribal Village of Akutan v. Hodel

The court holds that the Secretary of the Interior's decision to conduct an outer continental shelf lease sale in Bristol Bay, Alaska, complied with the Outer Continental Shelf Lands Act (OCSLA), the National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA). The court first hold...

Tribal Village of Akutan v. Hodel

The court stays a district court injunction against an outer continental shelf lease sale in Bristol Bay. The court holds that appellees have met the standard for a stay, which is the same as that for a preliminary injunction. The court has ruled for appellees on the merits. The balance of hardships...