The court refuses to dismiss a suit for reimbursement for oil spill cleanup costs under §311(f)(2) of the Federal Water Pollution Control Act, ruling that the complaint adequately alleged actions that would make the defendant personally liable for cleanup, and that the court has personal jurisdicti...

The Second Circuit affirms an award of attorney fees to an environmental group under the Equal Access to Justice Act holding that the government's position both before and during litigation was not substantially justified. Plaintiffs had sought injunctive relief barring the spraying of pesticides wi...

The court construes §305 of the National Historic Preservation Act to allow an award of appellate attorney fees and costs. Although §305 refers to actions brought in federal district court, the court holds that the wording of §305 does not exclude, and Congress could not have logically intended t...

The Supreme Court, in a five-to-four decision, reverses the Tenth Circuit's ruling, 12 ELR 20367, that punitive damages otherwise available to a plaintiff under state tort law may not be obtained against the operator of a federally licensed plutonium-processing facility by virtue of the preemption d...

The court rules that once the Environmental Protection Agency (EPA) approves a state's list of attainment, nonattainment, and unclassifiable areas, the Agency may not unilaterally reclassify an area as nonattainment under §107(d) of the Clean Air Act. The court first rules that the reclassification...

The district court issues a preliminary injunction barring the Department of the Interior from taking any further action, except for certain specified actions, in connection with the delisting of certain tracts of land in California and Nevada that had previously been listed as wilderness study area...

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can impose joint and several liability; that §106 of CERCLA allows mandatory injunctive relief against off-site generators, but that §311 of the Federal Water Pollution Control Act (FWP...

The court vacates the Environmental Protection Agency's (EPA's) automobile emission control system recall rule issued pursuant to §207(c)(1) of the Clean Air Act as not supported by the Act's statutory language and legislative history. The EPA rule requires manufacturers to submit a plan to repair ...

The Court, reversing the Ninth Circuit, 12 ELR 21084, rules that the sale of outer continental shelf (OCS) oil and gas leases does not "directly affect" the coastal zone and thus does not require a consistency determination under §307(c)(1) of the Coastal Zone Management Act (CZMA). The Court first...

The court holds invalid and enjoins the Pennsylvania Department of Transportation (Penndot) from complying with a 1978 federal court consent decree requiring Penndot to establish an annual automobile emission control inspection and maintenance (I/M) program in two urban areas of Pennsylvania. The co...