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Pennsylvania Envtl. Defense Found. v. Bellefonte Borough

The court holds that a proposed consent decree in a Federal Water Pollution Control Act (FWPCA) citizen suit is unapprovable because it fails to comply with the mitigation project provisions of the Environmental Protection Agency's (EPA's) Penalty Policy for Civil Settlement Negotiations. The propos...

Russo Dev. Corp. v. Thomas

The court holds that the Army Corps of Engineers improperly refused to process a developer's permit for a 13.5-acre parcel unless the developer also applied for an after-the-fact permit for a 44-acre parcel. After the developer prepared applications for both permits, the Corps announced its intentio...

Northside Sanitary Landfill, Inc. v. Indianapolis, City of

The court holds that the city's exclusion of plaintiff's sanitary landfill from the city's list of approved solid waste disposal sites does not violate plaintiff's equal protection rights or the Sherman Antitrust Act. The court holds that the city's state action exemption from the Sherman Act applie...

United States v. B.F. Goodrich Co.

The court holds that Kentucky may intervene as a matter of right under §113(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in a consent decree between the United States Environmental Protection Agency (EPA) and two companies for hazardous waste cleanup cost...

United States v. Crown Roll Leaf, Inc.

The court imposes a $142,000 civil penalty for defendant's badfaith failure to respond to Environmental Protection Agency (EPA) information requests under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Both CE...

United States v. Alcan Foil Prods.

The court rules that the Environmental Protection Agency's (EPA's) failure to act on a proposed Clean Air Act state implementation plan (SIP) revision within four months does not bar it from enforcing the existing SIP during the period between the end of the four-month review and the time EPA acts o...

Historic Preservation Guild of Bay View v. Burnley

The court holds that the trial court properly dismissed claims under the Department of Transportation Act (DOTA), the National Historic Preservation Act (NHPA), and the National Environmental Policy Act (NEPA) challenging a highway widening project because the project is not primarily federal. The p...

Las Vegas, City of v. Lujan

The court holds that the city of Las Vegas, the Nevada Development Authority, several Nevada developers, and the state of Nevada are not entitled to a preliminary injunction barring the implementation of an emergency regulation issued by the Secretary of the Interior listing southern Nevada's desert...

United States v. Doremus

The court affirms the conviction of mining claimants under United States Forest Service regulations for violating their operating plan and damaging federal property by cutting down trees. The court first rules that Forest Service regulations prohibiting certain activities on national forest lands ar...

United States v. R.W. Meyer, Inc.

The court holds that the government may recover indirect costs in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action. The court holds that the challenged indirect costs are part of "all costs" of removal or remedial actions recoverable under CERCLA ...