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E&E Hauling, Inc. v. Forest Preserve Dist. of DuPage County, Ill.

The court holds that an ordinance enacted by a local forest district to increase the percentage of revenues that the operator of a sanitary landfill must pay to the government pursuant to a contract is preempted by the Illinois Environmental Protection Act (IEPA), but another ordinance restricting t...

Coalition on Sensible Transp. v. Dole

The court holds that federal, state, and local officials did not violate §4(f) of the Department of Transportation (DOT) Act, the National Environmental Policy Act (NEPA), or the hearing requirements of §128 of the Federal-Aid Highway Act in planning a project that would widen 16 miles of an inter...

Emhart Indus. v. Duracell Int'l, Inc.

The court holds that the seller of a business is liable to the buyer under the indemnity provisions of the purchase agreement for all costs of cleaning up facilities and equipment contaminated with polychlorinated biphenyls (PCBs) and trichloroethylene (TCE), consequential damages, costs of enforcin...

Cresenzi Bird Importers, Inc. v. New York

The court affirms the district court's decision, 17 ELR 20996, holding that New York's Wild Bird Law, which bans the sale of wild-caught birds within the state, is not preempted by either the Endangered Species Act or federal quarantine laws and that it does not impose an unconstitutional burden on ...

Citizens for Responsible Envtl. Management v. Attleboro Mall, Inc.

The court holds that the grandfather clause in regulations enacted in 1983 under the Massachusetts Wetlands Protection Act (WPA) excluding projects already in the regulatory pipeline from the more stringent 1983 regulations is valid. The state Department of Environmental Quality and Engineering (DEQ...

California Fish & Game Comm'n v. Hodel

The court rules that the Stevens Amendment to the Department of Interior (DOI) Appropriations Act, which prohibits the use of appropriated funds to require the use of steel shot for waterfowl hunting in any state without the state's consent, does not limit the power of DOI under the Endangered Speci...

Chemical Waste Management, Inc. v. Armstrong World Indus.

The court holds that the owner/operator of a Resource Conservation and Recovery Act (RCRA) interim status facility and potentially responsible party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may recover CERCLA response costs from generators absent...

Clam Shacks of Am., Inc. v. Skagit County

The court rules that Washington's Shoreline Management Act (SMA) authorizes local governments to require conditional use permits for shoreline activities that do not constitute "developments" as defined by the SMA. Plaintiff contends that its use of a hydraulic rake to harvest clams from mudflat tid...

Concerned Citizens of Bridesburg v. EPA

The court holds that the Environmental Protection Agency (EPA) violated the Clean Air Act by rescinding 14 state and local odor regulations contained in Pennsylvania's state implementation plan (SIP), without first suggesting the proposed revisions to Pennsylvania and seeking Pennsylvania's response...

Dickerson v. Administrator

The court holds that the Environmental Protection Agency (EPA) was authorized to enter appellants' property and remove hazardous substances pursuant to §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that appellants are not entitled to preenforcement j...