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United States v. Moreau, Town of

The court refuses to approve a consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act between the Environmental Protection Agency (EPA) and General Electric Co. (GE) for the cleanup of a former industrial waste disposal facility in upstate New York. The court ...

P.H. Glatfelter Co. v. EPA

The court holds that it lacks jurisdiction to hear a challenge by the owner of a pulp and paper mill to an Environmental Protection Agency (EPA) listing decision under §304(l) of the Federal Water Pollution Control Act (FWPCA). EPA placed the mill on a list of point sources discharging toxic pollut...

Idaho Conservation League v. Mumma

The court holds that environmental groups lack standing to challenge a forest plan and draft environmental impact statement (EIS) for the Idaho Panhandle National Forest. Plaintiffs allege that the Forest Service violated the National Forest Management Act (NFMA) and the Administrative Procedure Act...

Wisconsin v. Better Brite Plating, Inc.

The court holds that a bankrupt corporation and two bankruptcy trustees may be liable in a civil forfeiture action under Wisconsin's Hazardous Waste Management Act, and whether they intentionally and knowingly failed to obtain a hazardous waste facility operating license presents a material issue of...

Hazardous Waste Treatment Council v. South Carolina

The court holds that a state law that restricts and prohibits the import of hazardous wastes generated in other states is unconstitutional. A trade association challenged a series of South Carolina provisions that implemented a ban against hazardous waste imports from states lacking adequate treatme...

Northwest Envtl. Defense Ctr. v. Unified Sewerage Agency of Wash. County

The court holds that a consent decree in which a municipal sewer agency agrees to pay $1 million properly resolves claims brought in a citizen suit under the Federal Water Pollution Control Act (FWPCA), even though no provision is made for payment to the U.S. Treasury. The decree requires an expendi...

Keister v. Vertac Chem. Corp.

The court holds that medical monitoring costs are not recoverable as necessary costs of response under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Former employees of a chemical plant have demonstrable levels of 2,3,7,8-TCDD dioxin in their blood, whi...

Public Interest Research Group of N.J. v. GAF Corp.

The court holds that a corporation is liable in a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) for 123 violations of its national pollutant discharge elimination system (NPDES) permit at its plant in Wayne, New Jersey. The court first holds that New Jersey's administra...

National Wildlife Fed'n v. Lujan

The court holds that the Department of the Interior's (DOI's) regulations governing subsidence under the Surface Mining Control and Reclamation Act (SMCRA) are reasonable and not arbitrary or capricious. The court holds that SMCRA §516(b)(1) requires the operator of a surface mine to: adopt measure...

United States v. Louisville Edible Oil Prods.

The court holds that a federal indictment charging defendants with asbestos-related violations of the Clean Air Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not barred by the Double Jeopardy Clause of the Fifth Amendment. Defendants moved to dismiss t...