The court holds that the federal government may prevent West Virginia from using the pesticide BTI against black flies in New River Gorge National River without a National Park Service (NPS) permit. The court first notes that the sate's concurrent jurisdiction over a federal preserve would not gener...

The court holds, inter alia, that the federal government's cost recovery suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is equitable in nature and not unconstitutionally retroactive. The court first rules that the government need not join all potentiall...

The court holds that deficient administrative records compiled by the Corps of Engineers for the preparation of an environmental assessment (EA) were adequately supplemented by evidence submitted at trial, and the Corps reasonably decided not to prepare an environmental impact statement (EIS) prior ...

The court holds that an environmental group that successfully prevented the Army Corps of Engineers from constructing a port facility and causeway on Sears Island, Maine, until an environmental impact statement (EIS) had been prepared is entitled to attorney fees under the Equal Access to Justice Ac...

The court holds that the United States Office of Surface Mining (OSM) waived its requirement that a company prepay a penalty assessment for an alleged violation of surface mining regulations in order to preserve its right to appeal the assessment to an administrative law judge, the prepayment requir...

The court holds that Georgia statutes requiring Environmental Protection Agency (EPA) emissions control certification and approval prior to sale, registration, and titling of imported motor vehicles are preempted by Clean Air Act §209. The court enjoins enforcement of the Georgia statutes to the ex...

The court holds that the Environmental Protection Agency's (EPA's) determination that a proposed phosphate waste disposal area is not a new source under the Federal Water Pollution Control Act (FWPCA) was not arbitrary and capricious, and thus EPA's decision not to prepare an environmental impact st...

In an action under §554(a) of the Bankruptcy Code, the court grants a trustee's motion to abandon part of a former oil refinery, despite the contention of Oklahoma agencies that hazardous substances are leaching from the land into the local aquifer in violation of state hazardous waste laws. The co...

The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act does not authorize preenforcement review of Environmental Protection Agency orders.
Counsel for PetitionersKathleen P. Dewey, Robert L. KlarquistLand and Natural Resources DivisionDepartment of Jusice, Wa...

The court holds that the South Carolina Coastal Council exceeded its authority and violated its regulations when it granted a dredge and fill permit for a project that would block navigable waterways where there is no overriding public interest in the project. The court first holds that the permit, ...