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United States v. Bell Petroleum Servs., Inc.
the court holds that the government's response costs under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the chromium contamination of an aquifer having potential residential use are consistent with the national contingency plan. As a result of citizen comp...
United States v. Ford Motor Co.
The court holds that the Environmental Protection Agency (EPA) may not bring a Clean Air Act enforcement action challenging an alternative compliance plan (ACP) in Missouri's state implementation plan (SIP), since EPA authorized the state to approve the ACP. The SIP provision providing for the adopt...
NL Indus. v. Department of Transp.
The court court holds that the Federal Aviation Administration (FAA) correctly found that NL Industries violated the Hazardous Materials Transportation Act (HMTA), and properly assessed a $50,000 penalty when the company "offered hazardous materials for transportation" within the meaning of the HMTA...
Bill Kettlewell Excavating, Inc. v. Michigan Dep't of Natural Resources
The court holds that amendments to Michigan's Solid Waste Management Act requiring county approval for disposal of out-of-county waste do not violate the Commerce Clause. Because the county approval requirement applies equally to Michigan counties outside of the county adopting the plan and to out-o...
Mitzelfelt v. Department of the Air Force
The court holds that Resource Conservation and Recovery Act §6001 does not waive the federal government's sovereign immunity from a state's administrative civil penalties. While §6001 waives immunity from state "requirements," the term does not unambiguously include civil penalties. "Requirements"...
Region 8 Forest Serv. Timber Purchasers Council v. Alcock
The court grants in part and denies in part the Forest Service's motion to dismiss a suit brought by timber contractors challenging restrictions on timber cutting near a colony of endangered red-cockaded woodpeckers under the Endangered Species Act (ESA), the National Forest Management Act, and the ...
United States v. Hugo Key & Son, Inc.
The court holds that a building demolition contractor violated the Clean Air Act (CAA) and asbestos national emission standards for hazardous air pollutants (NESHAP) by failing to keep friable asbestos material wet during demolition and until collected for disposal, by discharging visible emissions ...
Acme Fill Corp. v. Reilly
The court holds that it lacks federal question jurisdiction to review a landfill closure plan administered by a state agency. The state is not an agent of the U.S. Environmental Protection Agency (EPA), and its federally approved hazardous waste program does not amount to joint application of federa...
Greene v. Reilly
The court holds that the Environmental Protection Agency's (EPA's) duty to take enforcement action under §309(a)(3) of the Federal Water Pollution Control Act (FWPCA) is discretionary. Citizens brought suit to compel EPA to enforce the violation of FWPCA §301 effluent limitations. The court notes ...