In a case management order, the court bifurcates the trial of an action under the Comprehensive Environmental Response, Compensation, and Liability Act and other statutes and directs that the issue of remedies be tried before the issue of liability. The court issues various other orders concerning i...
The court rules that appellant has no federal right to a refund of payments it made under state laws implementing the repealed industrial cost recovery provisions of §204 of the Federal Water Pollution Control Act. The court substantially adopts the reasoning of the district court that, since the p...
The court holds that a district court did not abuse its discretion by refusing appellants' motion to reinstate a Federal Water Pollution Control Act §404 enforcement suit that the government had voluntarily dismissed. Appellants had challenged the government's complaint, contesting jurisdiction ove...
The court rules that the Environmental Protection Agency (EPA) violated the Clean Air Act when it approved a revision to Indiana's state implementation plan (SIP) setting new limitations on emissions of sulfur dioxide (SO2), but deferred action on a 30-day averaging provision designed to ameliorate ...
The court holds the corporate successor to the past owner and creator of a leaking waste site liable to the present owner for abatement of the nuisance posed by the site. The court first holds that Hercules, the corporate successor, is liable for the acts of the Pennsylvania Industrial Chemical Corp...
The court rules that a claim by the government for response costs and natural resources damages under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) must comply with the notice requirement of CERCLA §112(a). Initially, the court rules that the presence o...
The court orders a rehearing en banc of a maritime tort case.
[The three-judge panel had held, 14 ELR 20397, that business persons could not recover profits lost as a result of a toxic chemical spill where neither they nor their property suffered any physical damage — Ed.]
Counsel are listed at ...
The court holds that the Corps of Engineers' National Environmental Policy Act (NEPA) environmental impact statement (EIS) adequately addressed the need for a proposed power plant and the environmental effects of its power transmission lines. The court first rules that the Corps adequately addressed...
The court rules that an intervenor in a Federal Energy Regulatory Commission (FERC) hydropower licensing proceeding is not automatically entitled to a trial-type evidentiary hearing. The court first holds that petitioner, an unincorporated association, has standing to sue under federal law, and any ...
The court rules that a national pollutant discharge elimination system (NPDES) permit that calls for monthly or quarterly average discharge data is enforceable even though Federal Water Pollution Control Act (FWPCA) §309 measures penalties for violations in daily increments and Environmental Protec...