The Fourth Circuit affirms the district court's ruling, 12 ELR 20336, that the Environmental Protection Agency (EPA) had acted within its authority under the Toxic Substances Control Act in approving the dumping of polycholorinated biphenyls at a state landfill next to appellants' land. The district...
The court approves a settlement agreement resolving litigation over Clean Air Act implementation plans governing airborne lead pollution. The parties agree that as of July 30, 1982, the Environmental Protection Agency (EPA), by failing to approve, disapprove, or promulgate lead plans for 29 states a...
The court permanently enjoins the construction of a six-mile road and the implementation of a timber harvest plan in the Blue Creek Roadless Area of the Six Rivers National Forest for violations of the First Amendment, the National Environmental Policy Act (NEPA), the Wilderness Act, the Federal Wat...
The court rules that the Environmental Protection Agency's (EPA's) approval of a revision to the Illinois state implementation plan (SIP) allowing increased emissions of sulfur dioxide (SO2) from a power plant without consideration of the impacts on air quality in New York does not violate the Clean...
The court holds that the Environmental Protection Agency's (EPA's) decision not to include strip mines on a promulgated list of source categories, whose fugitive emissions would be taken into account in determining whether individual sources were "major" for the purposes of new source review under t...
The court rules that an Indiana state implementation plan (SIP) provision approved by the Environmental Protection Agency (EPA), but subsequently invalidated by state courts on procedural grounds, is unenforceable. Initially, the court holds that the contested rule, APC-13, governing sulfur dioxide ...
The Second Circuit reverses the decision of the district court, 12 ELR 20864, which invalidated part of the Department of Transportation's (DOT's) Hazardous Materials Transportation Act (HMTA) regulations governing the highway transport of radioactive materials. The court first rejects the district ...
The New Jersey Supreme Court upholds the retroactive liability provision of the Spill Compensation and Control Act and imposes strict joint and several liability on past owners of a mercury processing plant for the discharge of mercury into Berry's Creek in the Hackensack Meadowlands.
First, the co...
The court rules that §106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes abatement actions against non-negligent, past, off-site generators of hazardous waste. Initially, the court rules that the existence of several receipts indicating that one ...
The court preliminarily enjoins defendants' log transfer operation for failure to obtain a national pollutant discharge elimination system permit pursuant to the Federal Water Pollution Control Act. The court holds that the balance of hardships decidedly favors plaintiffs. The court finds that the l...