The court holds that the district court lacked jurisdiction under Clean Air Act §304 over three counts in a citizen suit charging that the ozone state implementation plan (SIP) submitted by Pennsylvania violated the Clean Air Act, but the district court improperly dismissed a fourth count for failu...
The court holds that the district court properly found that Burlington, Vermont, violated prohibitions under the Resource Conservation and Recovery Act (RCRA) against open dumping procedures, operated a landfill that presented an imminent and substantial endangerment to public health or the environm...
The court holds that the district court properly ruled that the Federal Aviation Administration (FAA) complied with the National Environmental Policy Act (NEPA) in approving a city's plan to expand its airport into a cargo hub for an air carrier, even though the environmental impact statement (EIS) ...
The court rules that a parent corporation, which dissolved and distributed the stock of its subsidiary corporation, violated the New Jersey Environmental Cleanup Responsibility Act's (ECRA's) notice and reporting requirements and is subject to the subsidiary corporation's private contribution action...
The court holds that the owners of a contaminated landfill cannot recover their response costs from a former owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), because the current owners failed to comply with the National Contingency Plan (NCP). The court...
The court upholds the National Oceanic and Atmospheric Administration's (NOAA's) rule banning drift gillnets in the Atlantic King Mackerel Fishery. The court holds that the Assistant Administrator of NOAA reserved power "to be advised" before final action is taken on a fishery management plan or ame...
The court holds that plaintiffs' state law claims, which allege contamination of groundwater with trichloroethylene (TCE) by a neighboring manufacturer, are timely under the Kansas statute of limitations by virtue of §309 of the Comprehensive Environmental Response, Compensation, and Liability Act ...
The court holds that a wastewater treatment plant operator that entered into a consent decree with the United States settling a Federal Water Pollution Control Act (FWPCA) enforcement action is not entitled to attorney fees under the Equal Access to Justice Act (EAJA). The consent decree specified t...
The court holds that the Army Corps of Engineers may proceed with construction of a flood control levee on the Upper Yazoo River without supplementing a 1975 programmatic final environmental impact statement (EIS) with an EIS for the levee project. A private landowner whose property would be condemn...
The court denies various post-ruling motions, including a motion for clarification, and clarifies its previous opinion.
[A related decision is published at 23 ELR 20024.]
Counsel for PetitionerMichael SteinbergMorgan, Lewis & Bockius1800 M St. NW, Ste. 800, Washington DC 20036(202) 467-7000
C...