The court holds that the Environmental Protection Agency's (EPA's) decision to treat information describing plaintiff's plant as "emission data" under the Clean Air Act for purposes of determining the need for confidentiality in handling the data is arbitrary and capricious. While the Agency's decis...

The court holds that a pending application for state approval of an alternative compliance plan does not require a court to abstain from hearing an action brought by the Environmental Protection Agency to enforce the existing requirements of the state implementation plan (SIP). The Clean Air Act exp...

The court preliminarily enjoins the Secretary of the Interior from conducting Part I of Outer Continental Shelf Lease Sale 82 offshore Massachusetts based on violations of the National Environmental Policy Act (NEPA) and the Outer Continental Shelf Lands Act (OCSLA). The court holds that it must app...

The court holds that the Corps of Engineers properly considered the mitigating effect of permit conditions in issuing a finding of no significant impact (FONSI) under the National Environmental Policy Act (NEPA) for oyster shell dredging in Louisiana. The court first rules on three procedural motion...

In a suit brought under Federal Water Pollution Control Act (FWPCA) §509(b) challenging National Pollutant Discharge Elimination System (NPDES) permits issued by the Environmental Protection Agency (EPA) to Alaskan gold placer miners, the court holds that EPA erred by failing to require an effluent...

The court holds that a former owner of a hazardous waste facility may be liable for federal cleanup costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act without proof of proximate cause of the release of hazardous substances into the environment. Decisions o...

The court holds that under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the state may seek to recover response costs for cleanup of dioxin released at the Minker hazardous waste facility, even though defendant's liability is premised upon arrangements ...

The court imposes a civil penalty of $800,000 for admitted violations of defendant's national pollutant discharge elimination system permit. The court notes that defendant admits to at least 328 violations of its permit and calculates a civil penalty based on the economic benefit of delayed complian...

The court holds that an environmental group with an interest in preserving land subject to a condemnation action under the Indiana Dunes National Lakeshore Act may not intervene as of right under Rule 24(a) of the Federal Rules of Civil Procedure (FRCP) in the condemnation proceeding. The court rule...

The court holds that the National Marine Fisheries Service (NMFS) violated the National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) prior to issuing a Marine Mammal Protection Act (MMPA) §104 permit for the taking of orca whales. The court first hol...