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Legal Envtl. Assistance Found. v. EPA

The Eleventh Circuit held that an environmental organization lacks standing to challenge the U.S. Environmental Protection Agency's (EPA's) decision not to take any enforcement action against Alabama's and Florida's Title V Clean Air Act programs. The organization argued that both programs' standing...

Boundary Backpackers v. Boundary County

The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to control acquisition of private lands by federal agencies and pr...

Chambers Medical Technologies of S.C., Inc. v. Jarrett

The court holds that several provisions of the South Carolina Infectious Waste Management Act addressing the costs and hauling of particular wastes violate the Commerce Clause of the U.S. Constitution. The court first holds that the owner of a medical, municipal solid, and commercial nonhazardous wa...

Citizens Awareness Network v. NRC

The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...

Gibbs v. E.I. DuPont de Nemours & Co.

The court refuses to dismiss a tort-law claim that a tire manufacturer's former employees' brought against chemical companies that allegedly sold toxic chemical compounds to the manufacturer without adequately warning that exposure to the chemicals may cause bladder cancer. The court first holds tha...

Chambers Medical Technologies of S.C., Inc. v. Bryant

The court remands the question whether a South Carolina statutory cap on in-state commercial incineration of infectious waste violates the U.S. Constitution's Commerce Clause for further proceedings on whether the state legislature enacted it for a discriminatory purpose and whether the statute disc...

In re Grand Jury Investigation

The court affirms a district court order directing the federal government to allow two state agencies access to documents they produced pursuant to grand jury subpoenas in the federal government's investigation of a company that allegedly violated environmental requirements while constructing a natu...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for construction and demolition debris. The court first addresses the cla...

General Atomics v. NRC

The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...

Friends of the Earth v. Chevron Chem. Co.

The court holds that a nonprofit environmental protection corporation that failed to demonstrate compliance with its internal bylaws regarding the creation of a class of members within the corporation lacked representational standing to bring a Federal Water Pollution Control Act citizen suit agains...