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United Technologies Corp. v. EPA

The court holds that the Environmental Protection Agency's (EPA's) final rule issued in 1985 without notice and comment to incorporate the requirements from the 1984 amendments to the Resource Conservation and Recovery Act (RCRA) is, for the most part, reasonable and consistent with the amendments. ...

Dickerson, Inc. v. Holloway

The court holds that the Federal Tort Claims Act (FTCA) does not waive the federal government's sovereign immunity for negligent selection of a hazardous waste disposal contractor, but does make the government subject to liability for negligent failure to ensure that the waste disposal was properly ...

Arizona v. Thomas

The court upholds the Environmental Protection Agency's (EPA's) disapproval of Arizona's Clean Air Act state implementation plan (SIP) revisions for total suspended particulates, and EPA's proposed new particulate standard does not give Arizona a right to a deferral of EPA's decision. Arizona had su...

Evanston, City of v. Regional Transp. Auth.

The court holds that the City of Evanston, Illinois, its mayor, and two aldermen do not have standing under the Urban Mass Transportation Act (UMTA), the National Environmental Policy Act (NEPA), or as taxpayers to challenge the establishment of a bus garage using a grant from the federal Urban Mass...

Wilderness Soc'y v. Griles

The court holds that two conservation groups have not shown sufficient injury-in-fact to establish standing in their challenge to the Bureau of Land Management's (BLM's) decision to exclude submerged lands underneath nonnavigable waters from the total acreage charged to the state of Alaska's or nati...

Connecticut Fund for the Env't v. Upjohn Co.

In a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA), the court holds that a chemical manufacturer that discharged pollutants in excess of the limitations specified in its national pollutant discharge elimination system (NPDES) permit is liable for violations of the Act. ...

Hudson River Sloop Clearwater v. Department of the Navy

The court holds that information relating to the deployment of nuclear weapons on Navy ships is classified for reasons of national security and is thus exempt from public disclosure in the Navy's environmental impact statement (EIS) on stationing ships in New York harbor. The court also holds that t...

Clark v. United States

The court holds that the federal government is liable to residents in the vicinity of McChord Air Force Base near Tacoma, Washington, for local groundwater contamination caused by the Air Force's negligent disposal of hazardous materials. The Air Force's actions do not fall within the discretionary ...

Bloomington, City of v. Westinghouse Elec. Corp.

The court holds that Indiana Public Interest Research Group (InPIRG), a citizens' group, may not intervene in a suit brought by the federal, state, and municipal governments for polychlorinated biphenyl (PCB) contamination of the city's sewer system and treatment plant and several landfills. The gov...

Wehner v. Syntex Corp.

The court rules that there is no right to a jury trial in an action for private response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under Tull v. United States, 17 ELR 20667, the Seventh Amendment provides a jury trial in actions that are...