Ruling from the bench on a motion to dismiss a Federal Water Pollution Control Act (FWPCA) citizen enforcement suit, the court holds that the suit is not barred by defendant's alleged present compliance with the Act, by informal state administrative action alleged to be ongoing, or by allegations of...

The magistrate recommends that defendants' motion to dismiss be granted on the grounds that §113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not confer in personam jurisdiction over non-resident defendants who lack the minimum contacts required by t...

The court holds that the district court did not abuse its discretion when it refused to enjoin the implementation of the California Desert Conservation Area (CDCA) Plan because of potential harm to the fragile desert resources, despite the district court's finding of a strong likelihood of success o...

The court holds that the Department of Energy (DOE) violated the Energy Policy and Conservation Act (EPCA) and the National Environmental Policy Act (NEPA) by reversing a decision to issue energy efficiency standards for eight home appliances and by failing to prepare a proper environmental analysis...

The court invalidates regulations issued by the Secretary of Interior requiring applicants for right-of-way permits under the Federal Land Policy and Management Act (FLPMA) to reimburse the government for all administrative costs incurred in processing their applications, including the cost of envir...

The court holds that the government need not prove that the accused possessed specific criminal intent to violate the Federal Water Pollution Control Act (FWPCA) §309(c)(2) by submitting false information in a discharge monitoring report and other required records under the FWPCA. Defendant argues ...

In a Federal Water Pollution Control Act (FWPCA) §505 citizen suit seeking to compel the Administrator of the Environmental Protection Agency (EPA) to withdraw Ohio's national pollutant discharge elimination system (NPDES) authority under §402(c)(3) and to assume enforcement of the state program u...

The court rules that a citizens group may intervene in a Clean Air Act enforcement suit on a timely motion filed after the filing of a consent agreement to settle the suit. The government filed the agreement shortly after bringing suit, based on two years of prior negotiations with the defendant. Th...

A citizens group whose members include people suffering from respiratory ailments may intervene in an enforcement action under the Clean Air Act. The court first holds that intervenors submitted a responsive pleading. The court also rejects defendant's argument that intervenors' interests are adequa...

The court rules that remanded new source performance standards (NSPS) for coal fired power plants are unenforceable against units on which construction was begun prior to the proposal to revise standards in response to the remand. In June 1971, defendant began construction of a power plant complex d...