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United Steelworkers of Am., AFL-CIO-CLC v. Pendergrass

The court holds that three additions to the Occupational Safety and Health Administration's (OSHA's) revised hazard communication standard are not subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). In response to a previous order by the court, in ...

United States v. General Dynamics Corp.

The court holds that civil penalties may be assessed and injunctive relief issued under the Clean Air Act against a government contractor that operates an aircraft plant owned by the Air Force. The court first holds that it has subject matter jurisdiction, even though the government is suing the def...

Sierra Club v. Union Oil Co. of Cal.

The court reinstates its holding that a defendant in a Federal Water Pollution Control Act (FWPCA) citizen suit is liable for violations of its national pollutant discharge elimination system permit, but conditions liability on plaintiff's ability to prove ongoing violations or the reasonable likeli...

Old Bridge Chems. v. Commissioner

The court holds that the New Jersey Department of Environmental Protection's amendment of the definition of solid waste to include waste material to be recycled does not contravene the state's Solid Waste Management Act. The broad definition actually advances the purposes of the statute by serving t...

J. Filiberto Sanitation, Inc. v. New Jersey Dep't of Envtl. Protection

The court holds that a regulation issued under the New Jersey Solid Waste Management Act requiring solid waste haulers to deposit all trash collected in a county at a specified transfer station does not violate the Commerce Clause. The court first holds that the district court had subject matter jur...

Wells v. United States

The court holds that the Federal Tort Claims Act's discretionary function exception bars an action by residents of the Dallas, Texas, area alleging that the Environmental Protection Agency (EPA) negligently failed to regulate lead pollution from three local lead smelters or warn of the hazards. The ...

Environmental Encapsulating Corp. v. New York, City of

The court holds that the Occupational Safety and Health Act (OSH Act) and its regulations partially preempt New York City's training and certification program for asbestos abatement workers. The court first holds that OSH Act §18's express preemption provisions preempt only those portions of the ci...

Piccolini v. Simon's Wrecking

The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) owners of property adjacent to a hazardous waste landfill may recover their response costs, but not damages of lost property value and income, and the owners may proceed under state law clai...

United States v. Northernaire Plating Co.

The court holds that the Environmental Protection Agency's (EPA's) decision to bypass the competitive bidding process was consistent with the National Contingency Plan (NCP), and EPA may recover indirect costs and prejudgment interest. The court holds that the defendant is not entitled to a jury tri...

Tanglewood E. Homeowners v. Charles-Thomas, Inc.

The court holds that companies involved in the development of a subdivision contaminated with hazardous wastes prior to the subdivision's construction may be held liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and that the Resource...