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National Audubon Soc'y v. Hodel

The court holds that the Secretary of the Interior's Public Interest Determination (PID) for the exchange of National Wildlife Refuge lands with three Alaska Native corporations under §1302(h) of the Alaska National Interest Lands Conservation Act (ANILCA) misanalyzed the risks and benefits and led...

United States v. Olin Corp.

The court holds that a nuisance suit for injunctive relief is barred by res judicata when the United States and Alabama signed a consent decree without fraud, collusion, or conflict of interest following a parens patriae suit against the present defendant. The court first holds that the consent decr...

Louisiana v. Lee

The court holds that an environmental impact statement (EIS) on the renewal of permits for shell dredging in Lousiana waters must be prepared if the environmental assessment (EA) concludes that the dredging "may" significantly degrade the human environment, but that the effect of legally enforceable...

Louisiana Wildlife Fed'n v. York

The court holds that the Corps of Engineers complied with the National Environmental Policy Act and the Federal Water Control Act §404 regulatory guidelines when it issued §404 permits to clear 5,000 acres of bottomland hardwood in Louisiana for soybean production. The court rejects the argument t...

Louisiana Wildlife Fed'n v. York

The court holds that the Corps of Engineers complied with the National Environmental Policy Act (NEPA) and the Federal Water Pollution Control Act §404 regulatory guidelines when it issued §404 permits to clear 5,000 acres of bottomland hardwood wetlands in Louisiana for soybean production. Review...

Florida Rock Indus. v. United States

The court holds that denial of a Federal Water Pollution Control Act (FWPCA) §404 permit for activity associated with plaintiff's limestone mining constitutes a taking by depriving plaintiff of all economically viable uses of its land.The court finds that denial of the permit renders rock mining co...

In re T.P. Long Chem., Inc.

The court holds that costs incurred to clean up a waste site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are administrative expenses that the Environmental Protection Agency (EPA) may recover from the estate of the bankrupt site owner, but not from funds ...

Ayers v. Jackson, Township of

In an appeal from a damage award in a tort action for municipal hazardous waste contamination of drinking water, the court holds that the New Jersey Tort Claims Act bars recovery for emotional distress and medical surveillance, but not the award for impairment of quality of life. The court first rul...

J.V. Peters & Co. v. Administrator

In a private challenge to governmental response actions taken pursuant to §104(a) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA), the court holds that a corporation responsible for storing hazardous wastes at a leaking Ohio site may not obtain judicial review ...

Koppers Co. v. EPA

The court holds that the Environmental Protection Agency's (EPA's) decision that Federal Water Pollution Control Act §301(g) variances do not apply to pretreatment standards was not arbitrary or capricious. The court rules that petitioner failed to meet its burden of showing that EPA's decision was...