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Greater Detroit Resource Recovery Auth. v. EPA

The court holds that the district court improperly awarded attorney fees under the Equal Access to Justice Act (EAJA) to a Detroit agency that owns a municipal solid waste incinerator because the district court lacked subject matter jurisdiction over the underlying litigation challenging the Environ...

Boarhead Corp. v. Erickson

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars preenforcement judicial review of a challenge to the Environmental Protection Agency's (EPA's) remedial investigation/feasibility study (RI/FS) brought by a potentially responsibl...

Avella v. Corps of Eng'rs

The court holds that a district court lacked jurisdiction to review a Corps of Engineers' negative response to a landowner's request for confirmation that the Federal Water Pollution Control Act nationwide dredge and fill permit applies to the landowner's property. The court holds that the Corps' re...

Cumberland Reclamation Co. v. Secretary of the Interior

The court holds that the dredging of the Cumberland River in Kentucky for the purpose of producing coal is "surface coal mining" subject to reclamation fees under the Surface Mining Control and Reclamation Act (SMCRA). After plaintiff received notice from the Kentucky field office of the Office of S...

Greenpeace, U.S.A. v. Stone

The court holds moot an environmental group's appeal of the district court's refusal to preliminarily enjoin further movement of chemical weapons stored in Germany based on alleged violations of the National Environmental Policy Act (NEPA). Plaintiffs brought a NEPA challenge to a joint project of t...

Government Suppliers Consolidating Servs. v. Bayh

The court permanently enjoins Indiana from enforcing its statutory prohibition against in-state dumping of out-of-state solid waste and rules that the prohibition violates the Commerce Clause of the U.S. Constitution. In an earlier decision, the plaintiff waste-brokerage companies won a preliminary ...

EPA v. Green Forest, City of

The court holds that the district court erred in denying citizens the right to intervene in a Federal Water Pollution Control Act (FWPCA) enforcement action, the district court properly dismissed the citizens' FWPCA claims against a city based on res judicata, and the district court properly imposed...

In re Glacier Bay

The court holds that all provable damages sustained by any person as a result of a Trans-Alaska Pipeline System oil spill are compensable and are not limited by established maritime law; that provable economic loss is recoverable under both the Trans-Alaska Pipeline Authorization Act (TAPAA) and the...

Vaccaro v. Jorling

The court holds that the state of New York had the authority to use its eminent domain power to acquire private property surrounded by forest preserve land in the Adirondack state park. The court first holds that owners of a life estate in the private property are not aggrieved persons under New Yor...

Elliott v. U.S. Fish & Wildlife Serv.

The court refuses to enjoin the United States Fish and Wildlife Service (FWS) from introducing chemical lampricides into a Vermont stream that feeds Lake Champlain. Plaintiffs, an aquatic biologist and an environmental organization, moved for a temporary restraining order and preliminary injunction ...