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American Farm Bureau Federation v. United States Environmental Protection Agency
A district court held that environmental groups and water associations may intervene in a lawsuit challenging EPA's TMDL for the Chesapeake Bay and its tributaries. The plaintiffs in the lawsuit argued that the TMDL should be vacated because EPA lacked authority under the CWA to issue the TMDL, the ...
B&B Partnership v. United States
The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first holds that the district court did not abuse its discretion whe...
Stewart v. Potts
The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers or bring Administrative Procedure Act (APA), National Environmen...
Oyster Bay, Town of v. Occidental Chem. Corp.
The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing competent proof that three of the defendant target corporations dispo...
Armstrong v. ASARCO, Inc.
The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead refinery. After the plaintiffs filed their FWPCA citizen suit, the U....
Newton County Wildlife Ass'n v. Rogers
The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the district court did not abuse its discretion by limiting its revi...
Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?
The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations. The NNSA Act, enacted in the wake of allegations of spying at Los Alamos nuclear weapons laboratory in New Mexico, established a semi-autonomous agency within DOE—the National Nuclear Security Administration (NNSA). The NNSA operates nine laboratories and facilities within the U.S. nuclear weapons complex.
"Green Collar Criminals" and Wetlands Uncertainty: The Effect of Criminal Provisions in Public Welfare Statutes on Wetlands
Under the public welfare doctrine, certain regulatory crimes require no showing of the traditional mens rea, or "guilty mind," as a predicate to criminal liability. The doctrine has been used to relax intent requirements in criminal statutes when the public welfare is at stake and is predicated upon the fact that the defendant had notice that the dangerous activity is regulated. A majority of courts place the criminal provisions of the Clean Water Act (CWA) within the public welfare doctrine.