The court declares that a New Hampshire statute that requires transporters of hazardous materials to obtain a license from the state is preempted by the Hazardous Materials Transportation Act (HMTA) and violates the Commerce Clause. The statute requires that anyone who transports hazardous materials...

The court rules that to have standing under the §505 citizen suit provision of the Federal Water Pollution Control Act, a plaintiff must demonstrate a more specific injury-in-fact than mere concern about pollution or residence near a polluter. The court first rules that Congress did not eliminate t...

The court approves a settlement agreement requiring the Army Corps of Engineers to modify its dredge and fill permit regulations under §404 of the Federal Water Pollution Control Act (FWPCA) as they apply in the North Slope Borough, Alaska. Under the agreement, the Corps will not apply the headwate...

The court approves a settlement agreement requiring the Army Corps of Engineers to amend its May 1982 dredge and fill permit regulations under §404 of the Federal Water Pollution Control Act. The settlement requires the Corps to issue a regulatory guidance letter directing district engineers to dev...

The court affirms a district court ruling, 13 ELR 20421, upholding a Corps of Engineers decision under §404 of the Federal Water Pollution Control Act and §10 of the Rivers and Harbors Act denying a permit to fill and develop a tidal wetland in Ocean City, Maryland. The court rules simply that the...

The court rules that the Endangered Species Act (ESA) does not allow regulated takings of eastern timber wolves, a threatened species, unless the Department of the Interior determines that the takings are necessary to relieve population pressures in an ecosystem. Ruling on a challenge to Interior's ...

The court rules that hazardous substance generators and the owner of the Bluff Road waste disposal site are jointly and severally liable for removal costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first rules that CERCLA §107 impose...

The court rules that the owners and operators of a hazardous waste storage facility may challenge the Environmental Protection Agency's (EPA's) decision to undertake a response action at the facility under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but that t...

The court holds that because groundwater and soil contamination from appellant's chemical drum reconditioning plant happened in the ordinary course of business, there has been no "occurrence" nor "sudden and accidental" event that would obligate appellee to indemnify or defend under appellant's comp...

The court holds that appellant's tort and contract claims on behalf of ratepayers, alleging that defective construction of the Shoreham Nuclear Power Facility poses a public safety risk and unreasonably high electric rates, are preempted by federal and state law and insufficient under New York commo...