The Third Circuit affirms an order enjoining demolition of an historic building until the Department of Housing and Urban Development (HUD) complies with the National Environmental Policy Act (NEPA) and §106 of the National Historic Preservation Act (NHPA). Appellants contended that NEPA did not ap...

The court rules that the provision in the 1978 amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that allows disclosure of previously protected trade information is constitutional, but the provision that provides for binding arbitration to set the compensation for that in...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict liability, and where the harm is indivisible, joint and several liability, on waste generators. The court rules that by defining the standard of liability in CERCLA §107 in terms o...

The court rules that the Environmental Protection Agency's (EPA's) Clean Air Act vinyl chloride emission regulations are unenforceable because the regulations are work practice standards promulgated before the Act gave EPA the power to make such standards. The court holds that EPA acquired the power...

The court declines to rule that defendants in an imminent hazard abatement and response cost recovery action under the Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act are entitled to a jury trial but agrees to hear their case be...

In challenges to oil and gas drilling permits and leasing practices on federal lands around Little Granite Creek Canyon, Wyoming, the court dismisses plaintiffs' common law and constitutional claims, leaving for trial claims based on the Mineral Lands Leasing Act (MLA), Endangered Species Act (ESA),...

The court holds that under §511 of the Federal Water Pollution Control Act (FWPCA) the Environmental Protection Agency (EPA) retains discretion to determine whether an environmental impact statement (EIS) must be prepared for a sewage treatment project to be constructed with federal funds. The cour...

The court rules that portions of Environmental Protection Agency (EPA) regulations governing the use of tall smokestacks are inconsistent with §123 of the Clean Air Act. The rules address the maximum stack height for which a source will be given credit in calculating emission limitations required t...

The court rules that the Federal Energy Regulatory Commission's (FERC's) failure to discuss reasonable alternatives to a hydroelectric project in its environmental impact statement (EIS) did not require remand of the project's license, since FERC cured the defect by discussing the alternatives in an...

The court upholds in part and remands in part Environmental Protection Agency (EPA) general pretreatment regulations and categorical pretreatment standards for the electroplating industry under §307(b) of the Federal Water Pollution Control Act (FWPCA). The court first addresses the general pretrea...