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The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest Service land and resource management plan for the Wayne National Forest in Ohio was not ripe for review. This Article examines how this decision affects the rules for judicial review of national forest plans.

Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit

One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face significant hurdles under the federal environmental statutes. The key federal environmental cost-recovery statute, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) often provides little help because of its petroleum exclusion.

Last Lake Standing: Clean Water Act Jurisdiction in the Alaskan Frontier After <i>Rapanos v. United States</i>

Editors' Summary: Environmental professionals continue to consider the implications of the 2006 U.S. Supreme Court landmark decision regarding CWA jurisdiction, Rapanos v. United States. In this Article, Matthew A. Axtell uses Justice William O. Douglas'travel description of Alaska's Last Lake as a hypothetical to test the potential impact of the 2001 SWANCC decision as well as Rapanos on the federal government's CWA authority in Alaska. He begins by analyzing the CWA regulatory regime that applied for many years to Alaskan tundra wetlands before SWANCC and Rapanos.

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency (EPA) to remediate a Superfund site. The court first holds that...

S.W. Shattuck Chem. Co. v. Denver, City & County of

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court first holds that the abstention doctrine does not apply. To the ...

United States v. Penn Hills, Municipality of

The court holds that a municipality is liable for diverting raw sewage from its treatment facilities and for discharging pollutants that exceeded allowable effluent limitations in violation of its national pollutant discharge elimination system (NPDES) permits. The court first holds that the municip...

Struhar v. Cleveland, City of

The court holds that a city is not liable as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for burying discarded barrels and drums at an airport, and cannot be held responsible for the medical monitoring costs of a firefighter exposed to hazardo...

Andritz Sprout-Bauer, Inc. v. Beazer E., Inc.

The court denies a landowner's motion for partial summary judgment on claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Pennsylvania Hazardous Sites Cleanup Act (PaHSCA) against a wire rope manufacturer that previously owned a portion of the cont...