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...
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...
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...
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...
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...
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 ...
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...
The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...
The court holds that an environmental organization whose members use a lake located 18 miles and three tributaries downstream from an oil refinery lack standing to bring a Federal Water Pollution Control Act (FWPCA) citizen suit for discharge and reporting violations. The court holds that no genuine...
The court holds that individuals' National Environmental Policy Act (NEPA) suit against the U.S. Department of Energy (DOE) seeking to enjoin the agency from shipping the nuclear material mixed oxide uranium (MOx), from the United States and Russia to Canada is moot. The individuals claimed that DOE...