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Building & Constr. Trades Dep't, AFL-CIO v. Brock

The court reviews the Occupational Safety and Health Administration's (OSHA's) revised permissible exposure level (PEL) for asbestos, upholding OSHA's findings concerning significant risk and feasibility but finding lack of substantial evidence to support various other aspects of the new standard. I...

Welch v. Schneider Nat'l Bulk Carriers

The court rules that neither the Toxic Substances Control Act (TSCA) nor New Jersey's Right-to-Know Act provides a private cause of action for money damages by an injured employee. Plaintiff was injured in an explosion while cleaning a tankertrailer that contained a dangerous substance, and he now s...

Coal Corp. Operating Co. of Am. v. Hodel

The court holds that plaintiffs are barred from seeking judicial review under §526 of the Surface Mining Control and Reclamation Act (SMCRA) of the Department of the Interior's assumption of direct enforcement of SMCRA in Oklahoma, since they failed to file their complaint within 60 days of the Dep...

United States v. Whizco, Inc.

The court holds that the obligation of a coal company's agent to comply with an injunction issued pursuant to the Surface Mining Control and Reclamation Act requiring reclamation of an area disturbed by mining activity was discharged in the agent's liquidation bankruptcy. The court holds that defend...

Vermont v. Staco, Inc.

The court holds a thermometer manufacturer liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 and Resource Conservation and Recovery Act (RCRA) §7002 for mercury contamination and associated costs of cleanup. The court first holds that the action is no...

Hallstrom v. Tillamook County

The court affirms its earlier decision ruling that the 60-day notice requirement in §7002(b) of the Resource Conservation and Recovery Act (RCRA) is jurisdictional, denying a petition for rehearing and a suggestion for rehearing en banc. The plain language of §7002(b) demonstrates that 60 days' no...

Connecticut Trust for Historic Preservation v. Interstate Commerce Comm'n

The court holds that the Interstate Commerce Commission (ICC) adequately considered environmental and historical factors in deciding to permit abandonment of a railroad line. The court first holds that even if the ICC initially authorized abandonment without adequately considering environmental or h...

Concerned Citizens of Bridesburg v. Philadelphia Water Dep't

The court holds that the district court had subject matter jurisdiction over a Clean Air Act citizen suit alleging that a Philadelphia sewage treatment plant violated odor regulations in the Pennsylvania state implementation plan (SIP) and properly held Philadelphia in civil contempt for violating a...

Artesian Water Co. v. Government of New Castle County

The court holds a county that owns a solid waste disposal site liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 to a water utility for its expenses to monitor groundwater contamination from the site, ruling that causation is determined under a "substa...

Brewer v. Ravan

The court rules that the costs of medical testing and screening to assess the effect of a release of hazardous substances on public health or to identify potential public health problems are recoverable response costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liab...