The court rules that a district court is not bound by an administrative law's arbitrary and capricious standard when reviewing an Environmental Protection Agency (EPA) request for injunctive relief under §106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ...
The court holds that asbestos is a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Asbestos is listed as a hazardous substance under CERCLA, the Federal Water Pollution Control Act, and the Clean Air Act. Because asbestos is on one or more...
The court approves a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) settlement under which a bankrupt owner of the Ambler, Pennsylvania, waste disposal site will reimburse a small part of the response costs incurred by the United States, even though other defendants ma...
The court holds that a citizen suit under the Federal Water Pollution Control Act (FWPCA) to enforce a national pollutant discharge elimination system permit is not moot. The Environmental Protection Agency (EPA) has not yet answered a permittee's request for an evidentiary hearing to contest the pe...
On cross-motions for summary judgment in an environmental group's ongoing suit against the federal government and its California Air Force base concerning alleged environmental law violations, the court denies the environmental group's motions and both grants and denies in part the government's moti...
The court holds that an environmental group has failed to prove that groundwater containing contaminants from hazardous waste pits on an Air Force base are being discharged into the surface water in violation of the Federal Water Pollution Control Act. The court, in finding that the seepage of pollu...
The court holds that four defendants—the person arranging to transport and dispose of hazardous waste, his corporate successor, the corporation owning a site where waste was deposited, and a corporate officer of the corporation that owned the site—are jointly and severally liable under the Compr...
The court holds that a city's removal of plaintiff's sanitary landfill from the city's list of approved solid waste disposal site does not violate plaintiff's equal protection rights. The city's concerns that chemicals from refuse deposited at the landfill might seep into the water supply and that, ...
The court rules that the Federal Water Pollution Control Act (FWPCA) precludes preenforcement review of compliance orders issued by the Environmental Protection Agency (EPA) under FWPCA §309(a). EPA issued an order directing a developer to stop filling its wetland and to restore areas it had alread...
The court holds that the Army Corps of Engineers properly issued a Nationwide Permit Number 26 (NWP 26) to supersede the §404 permit it previously issued pursuant to the Federal Water Pollution Control Act. The Corps originally issued a §404 permit that incorporated the Kentucky Natural Resources ...