The court rules that an owner of coal reserves must pay reclamation fees mandated by the Surface Mining Control and Reclamation Act for mine operators, even though it does no mining itself, since it contracts with other firms for the mining of the coal, establishes the mining plan, and buys all the ...

The court holds that EPA's approval under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the coyote predacide Compound 1080 for restricted uses in livestock toxic collars and single lethal does taits (SLDs) is supported by substantial new evidence that these uses are safe and eff...

The court rules that the dredging of a channel by the propellers of defendant's tugs during bridge construction, which caused material from the bottom to be deposited on adjacent sea grass beds, is "work" governed by §10 of the Rivers and Harbors Act and the "discharge of a pollutant" governed by t...

The court rules that §104 of the Comprehensive Environmental Response, Compensation, and Liability Act does not authorize entry onto private property to prepare for construction of remedial measures. The court first rules that none of the statutory provisions cited by the Environmental Protection A...

The court holds that neighbors of a manufacturing facility may maintain a cost recovery action under the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) absent government involvement, and a citizen suit under the Resource Conservation and Recovery Act (RCRA) and Federal Wa...

The court rules that the five-year statute of limitations in 28 U.S.C. §2462 governs citizen enforcement suits under the Federal Water Pollution Control Act. The court first rules that plaintiff has not demonstrated that it was entitled to prevail as a matter of law on its motion for summary judgme...

The court rules that a state-issued national pollutant discharge elimination system permit that does not excuse violations caused by "upsets" is nonetheless governed by Environmental Protection Agency (EPA) rules excusing such violations where state law bars state requirements more stringent than th...

Affirming the district court decision, 15 ELR 20109, the court rules that potentially responsible parties have no right to preenforcement judicial review of Environmental Protection Agency (EPA) remedial actions identified in Records of Decision under §104 of the Comprehensive Environmental Respons...

The court affirms a district court decision, 15 ELR 20377, that the Federal Water Pollution Control Act authorizes a tort action by Vermont residents for pollution from a New York facility to be brought under Vermont law, that the suit is not barred by settlement agreements in an earlier suit brough...

The court rules that the Clean Air Act allows the Environmental Protection Agency (EPA) to include in a nonattainment area a county that does not violate an air quality standard, but includes significant sources of emissions of the precursors of the pollutant for which other counties in the same urb...