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United States v. Threet

The court rules that a person who fails to obtain a required permit under the Surface Mining Control and Reclamation Act (SMCRA) is a "permittee" subject to a civil enforcement action under SMCRA §521(c). While SMCRA §701(18) defines a permittee as a person holding a permit, the Office of Surface ...

Hazardous Waste Treatment Council v. EPA

The court holds that the Environmental Protection Agency (EPA) improperly decided not to list used oil destined for recycling as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). EPA originally had determined that used oil typically contains significant quantities of hazardo...

Cincinnati Ins. Co. v. Milliken & Co.

The courtholds that an insurance company is not required to defend or indemnify hazardous waste generators in an action for response costs incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The generators are defendants in an action brought by the Unit...

Creppel v. Corps of Eng'rs

The court rules that the Environmental Protection Agency's (EPA's) definition of "unacceptable adverse effect" under Federal Water Pollution Control Act (FWPCA) §404(c) is valid, and holds that EPA's decision to veto a flood control project pursuant to §404(c) was not arbitrary or capricious. The ...

United States v. Vineland Chem. Co.

The court holds that the operators of two surface impoundments are liable under the Resource Conservation and Recovery Act (RCRA) for continuing to conduct hazardous waste activities following their loss of interim status. In a related case, Vineland Chemical Co. v. U.S. EPA, 17 ELR 20555, the Third...

California ex rel. Van de Kamp v. Marsh

The court holds that the Army Corps of Engineers' decision not to prepare an environmental impact statement (EIS) before issuing a permit to fill a wetland for the purpose of constructing air cargo facilities at Oakland Airport was unreasonable and violated the National Environmental Policy Act. The...

Detroit Audubon Soc'y v. Detroit, City of

The court holds that four environmental groups and the government of Ontario cannot maintain actions under the Michigan Environmental Protection Act (MEPA) challenging Detroit's construction of a municipal waste incinerator. Plaintiffs seek an injunction prohibiting further construction or an order ...

Edward Hines Lumber Co. v. Vulcan Materials Co.

In a contribution action under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that a supplier of wood preserving chemicals is not an owner or operator under CERCLA §107(a)(2). Although the supplier designed and built the plant, furnis...

General Carbon Co. v. Occupational Safety & Health Review Comm'n

The court rules that labeling requirements under the Occupational Safety and Health Act's Hazard Communication Standard (HCS) apply to all hazardous chemicals leaving the workplace, even if the actual risk to downstream workers is extremely small. The court also holds that brushes that are manufactu...

West Penn Power Co. v. EPA

The court rules that a pending petition for reconsideration of an agency action deprives the action of finality, and the petitioning party therefore has no right to review until the agency acts on the petition or the petition is withdrawn. Petitioner, an electric utility in Pennsylvania, constructed...