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National Solid Wastes Management Ass'n v. Thomas

The court hold that it lacks jurisdiction under §7006(a) of the Resource Conservation and Recovery Act (RCRA) to review the Environmental Protection Agency's RCRA Groundwater Monitoring Technical Enforcement Guidance Document, since the guidance document is not a regulation or requirement subject t...

Neighbors Organized to Insure a Sound Env't v. Engen

The court holds that an environmental assessment (EA) by defendants Federal Aviation Administration (FAA) and city airport authority under the National Environmental Policy Act for expansion of the Nashville airport was not improperly fragmented or incomplete, and did not arbitrarily reject the alte...

United States v. Dickerson

The court holds that the Environmental Protection Agency's (EPA's) decision to conduct a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at a Georgia site contaminated with creosote was not arbitrary and capricious, and that plaintiff site own...

United States v. Hugo Key & Son, Inc.

Because of a pending federal criminal investigation, the court stays a previously initiated federal civil enforcement action for six months or, if an indictment is issued, until the conclusion of the criminal proceedings. The defendant had objected to the government's request for the stay. The court...

Environmental Coalition of Broward County. v. Myers

The court holds that the description of the activities and structures proposed in an application for a dredge and fill permit under §404 of the Federal Water Pollution Control Act was sufficiently specific to justify the Corps of Engineers' decision to issue the permit. The application's statements...

United States v. Jesse

The court holds that the United States is not barred by either prior Colorado case law or the doctrine of collateral estoppel from asserting reserved water right claims under the Forest Service Organic Act for minimum instream flows in national forests. In a prior decision, United States v. City and...

Sims v. Florida Dep't of Highway Safety & Motor Vehicles

The court holds that the Clean Air Act preempts a Florida statute that prohibits the owner of a gray market automobile from acquiring title and registration until the owner has obtained documentation that the vehicle complies with federal emission and safety standards. Gray market automobiles are im...

FMC Corp. v. Northern Pump Co.

The court holds that the buyer of a contaminated hazardous waste site may not recover cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from a seller that did not itself dispose of hazardous waste at the site, is not accountable for its subsidiary...

Marathon Oil Co. v. EPA

The court upholds the Environmental Protection Agency's (EPA's) requirement in a national pollutant discharge elimination system (NPDES) permit that discharge pipes have submerged outlets extending beyond the intertidal mudflats at Cook Inlet, Alaska. Cook Inlet has extreme tides of up to 30 feet an...

American Lung Ass'n of N.J. v. Kean

The court establishes a timetable to bring New Jersey into compliance with the ozone control portion of its state implementation plan (SIP). In a previous decision, the court had held that New Jersey was liable for failing to abide by its SIP's timetable for implementation of seven specific ozone co...