The court rules that the violation of a statutory requirement to obtain a permit or of the terms of a permit supports an action for negligence per se for contamination of plaintiff's groundwater by improper storage and disposal of hazardous waste. The court first notes that plaintiff's failure to br...

The court upholds in substantial part general national pollutant discharge elimination system permits for oil and gas drilling off Alaska that set best available technology (BAT) and best conventional technology (BCT) effluent limitations based on professional judgment. The permits, issued by the En...

In consolidated cases brought by the Environmental Protection Agency (EPA) and the Conservation Law Foundation alleging that defendant sewer authority violated its national pollutant discharge elimination system (NPDES) permit by discharging improperly treated and raw sewage into Boston Harbor, the ...

The court holds that environmental groups that challenged the adequacy of an environmental impact statement (EIS) for gypsy moth eradication programs are prevailing parties under the Equal Access to Justice Act (EAJA), but they are not entitled to attorney fees because the government's position was ...

The court holds that the Environmental Protection Agency's (EPA's) issuance of an experimental use permit (EUP) for recombinant DNA- altered bacteria testing complies with the Federal Insecticide, Fungicide, and Rodenticide Act. The court first establishes that the standard of judicial review is a t...

The court rules that storage of hazardous waste after the effective date of the Resource Conservation and Recovery Act's (RCRA's) permit and notification provisions constitutes a violation of those provisions even though the defendant stopped hauling waste before their promulgation. In this suit bro...

The court holds that the Forest Service did not violate either the Clean Air Act or the National Forest Management Act (NFMA) when it issued a special use permit for a ski resort development in the Okanogan National Forest prior to adoption of the NFMA plan. The court holds that plaintiffs, environm...

The court holds that a group composed of chlorofluorocarbon (CFC) producers and users is not entitled to attorneys fees under the Freedom of Information Act (FOIA) for its suit against the Environmental Protection Agency (EPA) to compel disclosure of documents related to proposed CFC rulemaking.To r...

The court rules that the Environmental Protection Agency (EPA) may impose Clean Air Act §176(a) sanctions on a state whose inspection and maintenance (I/M) program is invalidated by the state courts after EPA approval of the plan. EPA had approved the New Mexico state implementation plan (SIP) gove...

The court holds that Maryland's polychlorinated biphenyls (PCBs) disposal requirements are not preempted by the Toxic Substances Control Act (TSCA). After initially holding that the legal issues presented are ripe for review and that summary judgment is appropriate, the court holds that §18(a)(2)(B...