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Environmental Defense Fund v. Thomas

The court holds that the Environmental Protection Agency (EPA) is not required under the Clean Air Act to revise the national ambient air quality standards for sulfur oxides. The court first rules that Clean Air Act §109(d) does not impose a nondiscretionary duty on EPA to issue revised standards. ...

Public Interest Research Group of N.J. v. Struthers-Dunn, Inc.

The court holds that Federal Rule of Civil Procedure 68, the offer of judgment rule, does not apply to citizen suits under the Federal Water Pollution Control Act (FWPCA). The rule provides that where a party rejects an offer of judgment, prevails at trial, and is awarded less than the amount of the...

Golden Gate Audubon Soc'y, Inc. v. Corps of Eng'rs

The court holds that §505(a)(1) of the Federal Water Pollution Control Act (FWPCA) and the federal question statute grant federal subject matter jurisdiction over a challenge to a Corps of Engineers wetlands determination, and rules that lands filled and converted to dry land after 1975 may still b...

Navistar Int'l Transp. Corp. v. EPA

The court holds that the Environmental Protection Agency (EPA) properly found the operator of a truck assembly facility liable for civil penalties under Clean Air Act §120 for volatile organic compound emissions from painting lines in violation of the Ohio state implementation plan (SIP). The court...

Anderson Shipping Co. v. EPA

The court upholds the Environmental Protection Agency's (EPA's) revised regulations governing the importation of motor vehicles that do not conform to federal Clean Air Act emission requirements. The revisions provide that nonconforming vehicles can be imported only by an independent commercial impo...

United States v. Nicolet, Inc.

The court holds that a suit by the United States to recover response costs incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) falls within the police power exception to the Bankruptcy Code's automatic stay provision. The court first holds that it has ap...

United States v. Larkins

The court holds that a parcel of land on which dikes and levees were built without a permit under §404 of the Federal Water Pollution Control Act (FWPCA) is a "wetland" within the meaning of the Corps of Engineers' regulations, and defendants are not entitled to a farming or silviculture exemption ...

Save Our Cumberland Mountains v. Hodel

The court, sitting en banc, reverses an earlier panel decision, 18 ELR 20024, and rules that where a public interest law firm that customarily charges below market rate is awarded attorney fees pursuant to a fee-shifting citizen suit provision, the lodestar should be calculated according to the prev...

Massachusetts Pub. Interest Research Group v. NRC

The court holds that the Nuclear Regulatory Commission's (NRC's) decisions not to undertake enforcement actions are not judicially reviewable, because neither the Atomic Energy Act nor the NRC's regulations provide a meaningful standard of judicial review. The plaintiffs had requested the NRC to beg...

Ogden Envtl. Servs. v. San Diego, City of

The court holds that San Diego's standardless refusal to permit use of a hazardous waste incinerator is preempted by the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The incinerator, intended for research and de...