The court upholds the constitutionality of §309(e) of the Federal Water Pollution Control Act (FWPCA), which provides that a state shall be liable for civil penalities assessed against a municipality for violations of a national pollutant discharge elimination system permit or a dredge-and-fill per...
The Fifth Circuit Court of Appeals holds that a challenge to the Environmental Protection Agency's (EPA's) designation of appellant's paper mill as a "violating facility" became moot when EPA's suit against appellant for noncompliance with its national pollutant discharge elimination system permit, ...
The court rules that (1) the government cannot bring an action for improper handling, storage, and disposal of polychlorinated biphenyls (PCBs) under the Resource Conservation and Recovery Act (RCRA), (2) §311 of the Federal Water Pollution Control Act (FWPCA) is the government's exclusive means of...
The court upholds the criminal prosecution of appellee under a local ordinance prohibiting the keeping and burning of offensive or injurious substances. It holds that the ordinance is not preempted by a state law regulating hazardous waste since the substances in question are not among those identif...
After upholding plaintiff's standing to sue, the Louisiana Supreme Court holds that because the Bogue Falaya River is navigable at the point where defendants intend to construct a bridge the trial court properly issued an injunction against enjoining the construction of the bridge until defendants c...
The court denies plaintiff's petition for review of Special Federal Aviation Regulation 43 (SFAR 43), which temporarily allocates takeoff and landing slots among air carriers serving National Airport, Washington, D.C., and rules that the Secretary of Transportation's issuance of the regulation does ...
The court upholds the district court's ruling, 10 ELR 20785, that the United States may acquire waterfowl production areas under the Migratory Bird Hunting and Conservation Stamp Act with funds from the Migratory Bird Conservation Fund, without state consent and free of state statutory limitations. ...
The court rules that under §5 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA) may use test data submitted by a previous applicant to evaluate a new application for an experimental use permit (EUP) for a weed killer. Because the new produ...
The Third Circuit Court of Appeals upholds a district court decision, 11 ELR 20849 allowing the Environmental Protection Agency (EPA) to issue a permit for experimental use of a pesticide for soybeans. It adopts the district court's conclusion that, under the Federal Insecticide, Fungicide, and Rode...
The court remands to the Environmental Protection Agency (EPA) a new rule promulgated pursuant to §319 of the Clean Air Act that changes the reference methods used to measure compliance with the 24-hour national ambient air quality standards (NAAQS) for sulfur oxides. When the NAAQS for sulfur oxid...