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Dow Chem. Co. v. EPA

The court holds that an Environmental Protection Agency (EPA) Regional Administrator's interpretation in a letter of a federal regulation concerning vinyl chloride discharges is not final agency action for purposes of judicial review under the Clean Air Act. The court first holds that petitioner is ...

Chemical Waste Management, Inc. v. EPA

The court holds that plaintiffs have shown that the Environmental Protection Agency's (EPA's) application of its 1985 off-site policy and the policy's codification in §121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may be unconstitutionally vague. Th...

Idaho v. Hanna Mining Co.

The courtholds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(f) requires a specific finding using the words "irreversible" and "irretrievable" to exempt natural resource damage from CERCLA liability, and that CERCLA §107(j) exempts from CERCLA liability n...

United States v. Washington

The court rules that the United States has not waived its sovereign immunity under the Resource Conservation and Recovery Act (RCRA) for civil penalties imposed in state administrative proceedings. Before a claim for penalties can be assessed against the United States, it must clearly consent to be ...

Conner v. Burford

The court holds that the Bureau of Land Management and the Forest Service violated the National Environmental Policy Act (NEPA) by selling oil and gas leases on national forest land in Montana without preparing an environmental impact statement (EIS), and the sale of the leases without a comprehensi...

In re International Chem. Workers Union

The court holds that the Occupational Safety and Health Administration's (OSHA's) decision not to issue an emergency temporary standard (ETS) for cadmium pursuant to §6(c) of the Occupational Safety and Health Act was supported by the record. Although cadmium is known to cause kidney damage at high...

Coalition Against a Raised Expressway v. Dole

The court holds that the impacts from an elevated downtown expressway constitute "constructive use" of a historic city hall, a railroad terminal, and a park and therefore trigger the requirements of §4(f) of the Department of Transportation (DOT) Act. The court first holds that the failure of the F...

Exxon Corp. v. Hunt

The court holds that the nonpreempted provisions of the New Jersey Spill Compensation and Control Act are severable from the preempted provisions, and the corporations assessed taxes under the preempted provisions of the Act are not entitled to a refund if the state legislature reimburses the Spill ...

Druid Hills Civic Ass'n v. Federal Highway Admin.

The court affirms a district court decision upholding the Secretary of Transportation's approval of construction of the Presidential Parkway through historic properties in Atlanta, Georgia. The court holds that the district court retained jurisdiction to hear the motion for summary judgment filed by...

Wehner v. Syntex Corp.

The court holds that plaintiffs in a private action for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cannot recover the costs of medical exams and the value of lost property, but may recover costs incurred in the destruction and rem...