The court holds that the Federal Water Pollution Control Act's (FWPCA's) sovereign immunity waiver, §313, applies only to objective and administratively pre-established water pollution control standards. The court first holds that past use of treated wastewater in the McClellan Air Force Base cooli...

The court issues a preliminary injunction requiring a public water system charged with violations of the Safe Drinking Water Act to notify customers of its violations of the maximum contaminant levels (MCLs) for microbiological contaminants and turbidity, and to follow a schedule to supply potable w...

The court holds that a county water district is a public water system under the Safe Drinking Water Act (SDWA) and that the government has shown that the water system may present an imminent and substantial endangerment to human health under SDWA §1431. The court first holds that defendant qualifie...

The court holds that the operator of a metal finishing facility is liable for violations of the Resource Conservation and Recovery Act's (RCRA's) loss of interim status (LOIS) provisions and for violations of an administrative consent decree entered into with the Environmental Protection Agency (EPA...

The court holds that the Nuclear Regulatory Commission's (NRC's) regulation allowing the agency, in evaluating a utility emergency plan, to presume that in an emergency state and local officials will attempt to protect the public and will generally follow the utility plan, is not arbitrary or capric...

The court upholds the award of compensatory and punitive damages for tort claims based on salt contamination of irrigation water supplies. Farmers claimed that a neighboring salt manufacturing plant had added excessive levels of salt to the groundwater used by the farmers for irrigation. The court f...

The court holds that the sellers of a waste management company breached express warranties to the buyers by conveying a waste disposal facility that was leaking and in violation of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liabi...

The court holds that listing only response costs incurred by federal and state agencies is insufficient to maintain a private claim under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and that private plaintiffs have failed to allege that the notice provisi...

The court vacates a district court decision, 18 ELR 21085, holding that the Environmental Protection Agency's allegedly negligent hiring and supervision of a hazardous waste contractor falls within the discretionary function exemption of the Federal Tort Claims Act. Since the time of the district co...

The court holds that the Marine Protection, Research, and Sanctuaries Act (MPRSA), rather than the Federal Water Pollution Control Act (FWPCA), applies to the designation of a new dredged material disposal site in Long Island Sound, and that the Corps of Engineers' environmental impact statement (EI...