The court rules that a party challenging the Environmental Protection Agency's (EPA's) denial of a citizens' petition under §21 of the Toxic Substances and Control Act (TSCA) may not simultaneously seek judicial review under §21 and the Administrative Procedure Act (APA). Environmental groups peti...
The court rules that §201 of the Federal Water Pollution Control Act (FWPCA) does not authorize federal funding of mitigation wetland purchases for the construction of publicly owned treatment works. California awarded a county sanitation district a grant for construction of a wastewater treatment ...
The court holds that former operators of the Texas Chromium I Site are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the government's response costs for the chromium contamination of an aquifer having potential residential use. The court ho...
The courts holds that an "as is" clause in a deed conveying contaminated property prior to enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not release the seller from CERCLA liability. The court finds that the buyers of the contaminated property h...
The court holds that an environmental organization has standing to bring a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA), and an automobile jack manufacturer is liable for violations of its national pollutant discharge elimination system (NPDES) wastewater treatment per...
The court holds that the Columbia River Gorge National Scenic Area Act, enacted in 1986 to establish land use development standards within the scenic area along the Columbia River in Oregon and Washington, is constitutional. The court first holds that plaintiffs, private landholders in areas covered...
The court rules that the Army Corps of Engineers' denial of a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA) is an unconstitutional taking and warrants just compensation under the Fifth Amendment to the U.S. Constitution. The Corps denied a request from a large...
The court holds that the state is entitled to certain past response costs in its action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against mine owners and operators. The court notes that defendants can be liable for response costs incurred by the state i...
The court rules that §115 of the Clean Air Act does not require the Environmental Protection Agency (EPA) to initiate rulemaking that would set in motion §115's international pollution abatement procedures until the Agency is able to identify the specific sources in the United States of air pollut...
The court holds that owners of a chemical company are liable for a $1.223 million civil penalty for violations of the Resource Conservation and Recovery Act (RCRA) because they operated two surface impoundments with neither interim status nor a final permit and failed to submit a closure plan. Since...