Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Hells Canyon Alliance v. U.S. Forest Serv.

The court upholds a U.S. Forest Service recreation management plan that provided for a three-day window every other week during which motorized water craft would be barred from part of the wild section of the Snake River in the Hells Canyon National Recreation Area. The court first holds that the Fo...

Nutrasweet Co. v. X-L Eng'g Corp.

The court upholds a district court decision finding the neighbor of a food manufacturing facility 100% liable under the Comprehensive Environmental Response, Compensation, and Liability Act for contaminating the facility's property. The court first holds that no genuine issue existed as to whether t...

Black Horse Lane Assocs. v. Dow Chem. Corp.

The court affirms a district court order that dismissed a current property owner's contracts, implied covenant of good faith, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against the previous owner. Before selling the property to the current owner in 1985...

Kalamazoo River Study Group v. Menasha Corp.

The court reverses a district court decision granting summary judgment in favor of two corporations in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation an...

United States v. Alisal Water Corp.

The court holds that the owners and operators of public water systems in California violated the national primary drinking water regulations for microbiological contaminants, lead, and copper contained in the Safe Drinking Water Act (SDWA) and holds them individually liable for those violations. The...

The Real Problem With New Source Review

Editors' Summary: When the CAA was amended in 1977, the U.S. Congress imposed pollution control requirements on new stationary sources of air pollution, called new source review (NSR), but exempted existing facilities from such requirements. By creating a more favorable regulatory environment for existing facilities than for new ones, "grandfathering" creates an incentive to keep old facilities up and running. Moreover, as a command-and control program, requiring capital expenditures for pollution control equipment makes the capital sluggishness problem worse.

Legal Background to Off-Site Contamination

Editor's Summary: The law governing off-site contamination began with common law and has grown to include federal legislation such as Superfund, the Resource Conservation and Recovery Act, the Clean Water Act, and the Oil Pollution Act. John Pendergrass traces the development of this area of law from its beginnings in tort and third-party liability to present-day state and federal statutes. In this Article, he offers a study of the chronology of brownfields legislation, concluding with some remarks about the future of off-site contamination law.

Assessing the Durability of Vehicle Emissions Systems: A Survey of Emission Component-Related Defect Reports in North America

Editors' Summary: EPA imposes strict emissions and durability standards on vehicle manufacturers today. While these standards have become more stringent over time, the regulatory requirements for demonstrating compliance with these standards have relaxed. In this Article, Kevin L. Fast identifies and describes this relevant regulatory framework governing the reporting of emission-related component defects in North America. He provides descriptions and data on nearly 600 defect reports prepared by 6 of the largest vehicle manufacturers currently in the marketplace.

Beyond Delegated Authority: The Counterpart Endangered Species Act Consultation

Editors' Summary: Wildlife agencies entrusted by Congress to administer the ESA have in two recent counterpart regulations revised interagency cooperation procedures in ways that appear to fall short of statutory requirements. Two federal district courts have now ruled in a contradictory manner on the validity of these regulations. Meanwhile the regulations held valid continue to be used to allow action agencies to aggrandize their role in determining whether their projects will be "not likely to adversely affect" protected species--thus receiving no further scrutiny.