The court holds that a suit under the Federal Tort Claims Act by residents alleging that the Environmental Protection Agency (EPA) failed to warn and protect them from a site contaminated with polychlorinated biphenyls is barred by the Act's discretionary function exception. EPA's decisions involved...
The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(f)(1) allows recovery only for natural resource damages that occured after CERCLA's enactment on December 11, 1980, regardless of when the release occurred, and defendants have the burden of...
The court holds that Clean Air Act §211(d)'s penalties for violations of the Environmental Protection Agency's (EPA's) lead phasedown rule are unconstitutional. Section 211(d) violates the separation of powers doctrine by subjecting the judgment of an Article III court to review by the executive br...
The court holds that the Federal Water Pollution Control Act (FWPCA) precludes preenforcement review of compliance orders issued by the Environmental Protection Agency. The compliance order directed plaintiff to cease further discharge of fill material into wetlands and to perform restoration. Preen...
The court holds that it lacks subject matter jurisdiction under the Federal Declaratory Judgment Act and the federal question statute over a developer's challenge to an Environmental Protection Agency administrative order to cease and desist the filling of wetlands. The Declaratory Judgment Act does...
The court holds that developers who partially filled a wetlands site in violation of the Federal Water Pollution Control Act (FWPCA) must restore the site to its natural state and either pay a $250,000 civil penalty or deed the site in fee simple absolute to a charitable organization for proper main...
The court holds that it has jurisdiction over a Federal Water Pollution Control Act (FWPCA) citizen suit filed against a manufacturing plant, which closed down before the suit was filed, since the defendant continues to violate the recordkeeping requirements of its National Pollutant Discharge Elimi...
The court holds that, without further rulemaking, the Corps of Engineers lacks jurisdiction to require a Federal Water Pollution Control Act (FWPCA) §404 permit for development of an isolated wetland. The court holds that a letter on which Corps jurisdiction was based, from the Corps' Deputy Direct...
The court holds that judicial review of an Environmental Protection Agency (EPA) emergency order under the Resource Conservation and Recovery Act (RCRA) §7003(a) to monitor and correct emissions of hydrocarbon vapors at a hazardous waste site is available before EPA acts to enforce penalties, and a...
The court holds that the district court lacks jurisdiction under the citizen suit provision of the Clean Air Act, §304(a), over a fuel refiner's claim that the Environmental Protection Agency (EPA) failed to perform a nondiscretionary duty in refusing to recognize a lead credit purchase. The court ...