The court rules that an organization with an interest in water pollution control lacks standing to bring a citizen enforcement action under §505 of the Federal Water Pollution Control Act (FWPCA) absent allegations that the group or some of its members were in fact injured as a result of the defend...
The court rules that a corporation involved in ongoing hazardous substance disposal over a period of years in various ways, including through the disposal activities of one of its officers, and through its leasehold interest in the land on which disposal occurred, and later its sublease to a related...
The court holds that the Pennsylvania Department of Environmental Resources and two of its officials are immune under the Eleventh Amendment from a due process claim alleging failure to enforce state hazardous waste laws, and that a cause of action under the Federal Civil Rights Act against the two ...
The court holds that a citizen suit brought under the Clean Air Act, the Federal Water Pollution Control Act (FWPCA), and the Resource Conservation and Recovery Act (RCRA) against the operator of a hazardous waste disposal facility in Pennsylvania is barred by plaintiffs' failure to give 60 days' no...
The court holds that the Federal Property Review Board's policy of denying no-cost public-benefit transfers of surplus land and the General Service Administration's (GSA's) refusal to transfer lands to plaintiffs are not reviewable under the Administrative Procedure Act (APA), do not give rise to a ...
The court holds that federal land in Los Padres National Forest on which plaintiff owns a perfected mining claim pursuant to the Mining Act is not excluded from the coastal zone under Coastal Zone Management Act (CZMA) §304(1), and the requirement in California's coastal management program that pla...
The court upholds regulations banning commercial fishing and restricting sport fishing in the Everglades National Park against challenged violations of the Administrative Procedure Act, agreements with the state of Florida, the Department of the Interior's internal regulations, the National Environm...
In a §1983 suit by developers for damages from delay in obtaining a building permit due to alleged discriminatory action by the defendant building inspector, the court holds that plaintiffs' procedural due process rights were not violated either by the lack of appellate administrative review for th...
Implementing the dispute resolution mechanism established by a consent decree in a Resource Conservation and Recovery Act and Federal Water Pollution Control Act imminent hazard case, the court rules that defendants' proposed cleanup actions are superior to those of the Environmental Protection Agen...
The court holds that an insurer that issued comprehensive general liability coverage to a hazardous waste site owner must indemnify and defend the site owner in a Comprehensive Environmental Response, Compensation, and Liability Act cleanup action. The property damages potentially covered by the pol...