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Lykins v. Westinghouse Elec. Corp.

The court grants in part and denies in part defendants' motion to dismiss an action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and the Federal Water Pollution Control Act (FWPCA) by residents an...

Oregon Natural Resources Council v. Lyng

The court holds that the Forest Service's timber sale in the Hells Canyon National Recreation Area does not violate the National Environmental Policy Act (NEPA), the Hells Canyon National Recreation Area Act, or the Federal Water Pollution Control Act (FWPCA). The court first holds that the Forest S...

In re BASF Corp.

The court holds that two environmental groups have standing to appeal the Louisiana Department of Environmental Quality's (DEQ's) assessment of an allegedly inadequate civil penalty against BASF Corporation for violations of state air quality regulations. The court holds that BASF's counsel, who are...

United States v. Chemical Resources, Inc.

The court holds that the Environmental Protection Agency may not enforce Resource Conservation and Recovery Act (RCRA) financial responsibility requirements against underground injection facilities. Such facilities are exempted from RCRA's financial responsibility requirements by 40 C.F.R. §§265.1...

National Wildlife Fed'n v. Hanson

The court holds that environmental groups are entitled to attorney fees under §505(d) of the Federal Water Pollution Control Act (FWPCA) for their challenge to the Corps of Engineers' determination that a tract of land was not wetlands and the Environmental Protection Agency's (EPA's) failure to ov...

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

The court invalidates San Diego's second denial of a permit for a demonstration hazardous waste incinerator, because it frustrates Congress' intent to encourage the development of innovative treatment technologies under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environm...

Natural Resources Defense Council v. EPA

The court rules on the remaining issues in the consolidated challenges to the Environmental Protection Agency's (EPA's) national pollutant discharge elimination system (NPDES) permit program regulations under the Federal Water Pollution Control Act (FWPCA). The court first addresses challenges to EP...

Natural Resources Defense Council v. Thomas

The court grants the Environmental Protection Agency (EPA) an extension of its judicially mandated deadline for approval of state implementation plans (SIPs) or promulgation of federal implementation plans (FIPs) for lead in two states. In an earlier consent order, 13 ELR 20789, EPA had agreed to ap...

South Carolina Pub. Serv. Auth. v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) licensing authority under the Federal Power Act does not include the power to displace existing state tort law regarding liability for damages caused by FERC licensees. FERC had imposed certain conditions on the continued opera...

Stoughton, City of v. EPA

The court holds that the Environmental Protection Agency's (EPA's) decisions to include four hazardous waste sites on the National Priorities List (NPL) were not arbitrary or capricious. The court first upholds EPA's inclusion of the Stoughton Landfill site in Wisconsin on the NPL. The record does n...