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United States v. Fort Pierre, City of

The court rules that a slough area separated by a barrier from and without a hydrologic connection to a navigable water is a wetland adjacent to waters of the United States and subject to Federal Water Pollution Control Act (FWPCA) §404 permit requirements. First, the court holds that the slough ar...

United States v. Northeastern Pharmaceutical & Chem. Co.

The court holds a hazardous waste transporter and a corporate hazardous waste generator and two of its officers jointly and severally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for government response costs incurred after enactment of CERCLA, incl...

Merrell v. Block

After finding that the United States Forest Service (USFS) and the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA), the court enjoins segments of defendants' plans for spraying herenicides within the Siuslaw National Forest in Oregon. At the outset, the court re...

National Wildlife Fed'n v. Clark

The court rules that the Department of the Interior (DOI) must conduct a rulemaking if it wants to rescind an arguably unconstitutional regulation implementing §204(e) of the Federal Land Policy and Management Act (FLPMA), which empowers the House Interior and Insular Affairs Committee to order wit...

Student Pub. Interest Research Group of N.J. v. Monsanto Co.

After holding that a Federal Water Pollution Control Act (FWPCA) citizen suit is not barred by a pending Environmental Protection Agency (EPA) enforcement action or the doctrines of primary jurisdiction or standing, the court grants plaintiffs partial summary judgment declaring defendant in violatio...

Reid v. Marsh

In a challenge to the Corps of Engineers' issuance of a permit authorizing the channelizing and straightening of a stream, the court remands the matter for reconsideration of the environmental effects of the action under the National Environmental Policy Act (NEPA). The court first rules that the Co...

Michigan v. Allen Park, City of

The court refuses to modify an injunction ordering the city of Allen Park to adopt water pollution abatement measures, holding that respect for final judgments and the need to avoid delay outweigh any financial hardship the may cause the city. In 1980, following prolonged litigation, the court order...

Save Our Ecosystems v. Clark

In consolidated cases, the Ninth Circuit affirms, as modified for added breadth, two district court injunctions, 13 ELR 20887 and 14 ELR 20225, against the spraying of herbicides in certain federally managed forests in Oregon, and orders that some of the plaintiffs below be awarded attorney fees. Tu...

Menzel v. County Utils. Corp.

In a citizen suit under the Federal Water Pollution Control Act (FWPCA), the court holds that retroactive application of a permit is no defense to an alleged failure to obtain a national pollutant discharge elimination system (NPDES) permit. Citizens allege that County Utilities was discharging with...

In re Kovacs

The court rules that a judgment entry requiring Kovacs to clean up hazardous wastes at the Chem-Dyne Corp. site is dischargeable in bankruptcy. The court rejects the state of Ohio's argument that the judgment directing Kovacs to remove the wastes from the site is nondischargeable since it is neither...