The court holds that provisions of the New York state right-to-know laws and regulations imposing notification requirements on commercial lawn care companies are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The provisions require applicators to enter into a writt...
The court holds that where a national pollutant discharge elimination system (NPDES) permit issued under the Federal Water Pollution Control Act (FWPCA) requires the use of a particular testing method, the permittee cannot raise the inadequacy of the testing method as a defense in a citizen suit bro...
The court holds that the seller of a chemical manufacturing plant is liable to the purchaser for contribution under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred or to be incurred as a result of the dumping of hazardous was...
The court holds that a claim by the purchaser of a chemical manufacturing plant that the seller is liable for hazardous waste cleanup costs under the indemnity provision of the agreement of sale is not time barred, and the agreement of sale does not bar the purchaser from seeking indemnification. In...
The court holds that environmental groups and organizations composed of residents of western states lack standing to challenge regulations issued by the Department of the Interior governing leasing and mining of federally owned coal. The court initially observes that plaintiffs must make a greater s...
The Court rules that an environmental impact statement (EIS) need not include a final detailed mitigation plan or a worst-case analysis. The U.S. Forest Service had issued a development permit based on an EIS that, in discussing mitigation of off-site effects, mostly recommended general steps that s...
The Court rules that an agency's decision on whether to prepare a supplemental environment impact statement (EIS) should be reviewed under the arbitrary and capricious standard, and upholds the Army Corps of Engineers' decision not to supplement an EIS for a dam in Oregon. The Court first holds that...
The court holds that New Jersey must follow the timetable adopted by the district court for implementing regulations in its Clean Air Act state implementation plan requiring the installation of devices to limit the escape of ozone during automobile refueling and loading of gasoline barges. The court...
The court holds that it lacks jurisdiction to review the Environmental Protection Agency's (EPA's) objection to Ohio's approval of removal credits for the benefit of an Ohio city and an industry discharger. Ohio had determined that removal credit applications could be approved up to a certain date d...
The court holds that two environmental groups are entitled to attorney fees of $125 per hour under the Equal Access to Justice Act (EAJA) for their successful challenge to the Federal Energy Regulatory Commission's (FERC's) issuance of seven preliminary permits under the Federal Power Act (FPA). The...