The court rules that a generator need not have chosen the site at which its wastes were disposed to be subject to strict liability under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a waste removal company's unauthorized diversion of a generator's wast...

The court holds that an action by road workers to recover for injuries allegedly suffered from exposure to dioxin while repairing roadways pursuant to federal block grant funding is barred by the discretionary function exemption of the Federal Tort Claims Act (FTCA). The federal agencies involved ar...

The court holds that the United States Coast Guard properly imposed civil penalties under the Federal Water Pollution Control Act (FWPCA) on a shipper for discharging oil into navigable waters and that the Coast Guard's civil penalty assessments of $1,500 and $3,600 for two violations were not arbit...

The court holds that an amendment to a city ordinance extending the protection of mountain views does not violate a developer's procedural or substantive due process rights and does not constitute a taking of private property without just compensation. The amendment extended the coverage of the orig...

The court rules that the Environmental Protection Agency (EPA) cannot collect a noncompliance penalty from a manufacturer for the period between the date the state submitted a proposed revision to its state implementation plan (SIP), which would have put a manufacturer whose emissions violate the SI...

The court holds that Federal Water Pollution Control Act §509(b)(1) does not authorize direct appellate review of an Environmental Protection Agency (EPA) decision to deny construction funding for a land-based spray irrigation sewage treatment plant. The court holds that EPA's decision that the pro...

The court holds that Resource Conservation and Recovery Act §7006(b)(1) does not provide it with jurisdiction to directly review an Environmental Protection Agency denial of an interim status facility's request for a waiver of regulatory requirements.
Counsel for PetitionerJames S. StokesAlston &a...

The court holds that Toxic Substances Control Act (TSCA) §11(c) authorizes the Environmental Protection Agency (EPA) to issue administrative subpoenas to determine whether an operator (Alyeska) has discharged polychlorinated biphenyls from its Trans-Alaska Pipeline oil loading facility at Valdez. A...

The court holds that a state court consent order between the Ford Motor Company and several state air pollution control agencies, which purports to vacate Michigan's state implementation plan (SIP) for ozone previously approved by the Environmental Protection Agency (EPA), does not preclude the fede...

The court holds that due process does not require the Army Corps of Engineers to hold an informal hearing for a Federal Water Pollution Control Act (FWPCA) §404 dredge and fill permit applicant seeking to construct a seawall or bulkhead in the Florida Keys, because the permit applicant did not requ...