The court holds that the United States Justice Department, at the Army Corps of Engineers' behest, can bring suit for civil penalties for an alleged permitless discharge in violation of the Rivers and Harbors Act and the Federal Water Pollution Control Act (FWPCA). While the FWPCA authorizes the Cor...

The court holds that plaintiffs are entitled to a preliminary injunction to halt development of a cargo terminal on Sears Island, Maine. The district court previously denied injunctive relief, holding that even if plaintiffs were likely to succeed on their National Environmental Policy Act (NEPA) cl...

The court holds that the Army Corps of Engineers' issuance of a permit to the city of Boca Raton under §404 of the Federal Water Pollution Control Act (FWPCA) and §10 of the Rivers and Harbors Act was not arbritrary and capricious. Challenging the permit under the Endangered Species Act (ESA), the...

The court holds that under New York law, environmental cleanup costs are "damages" under a comprehensive general liability insurance policy and that a demand letter from the Louisiana Department of Environmental Quality (DEQ) is a "suit" under the policy. Part of the insured's operations involved se...

The court holds that the Environmental Protection Agency (EPA) properly required a cement company to obtain approvals for prevention of significant deterioration (PSD) under the Clean Air Act before constructing a replacement kiln in an area with particularly clean air. The replacement kiln would po...

The court rules that corporate officers and directors may be held personally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if they could have prevented or significantly abated a hazardous waste discharge. The court initially observes that under the w...

The court holds that Federal Water Pollution Control Act (FWPCA) §313(a), the federal facilities provision, waives sovereign immunity for civil penalties assessed under federal law. A sanitary district sued the Navy, charging that the Navy violated its sewer discharge permit. The court first holds ...

The court holds that the Illinois State Rifle Association, Safari Club International, and two individuals cannot sue the state of Illinois and its Department of Conservation Director under the Pitman-Robertson Wildlife Restoration Act because the Act contains neither an explicit nor an implicit priv...

The court holds that the buyer of a phosphate fertilizer plant has established a prima facie case for liability in a private Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against the seller. The court holds that absent potential abuse, which may ...

The court holds that a proposed consent decree in a Federal Water Pollution Control Act (FWPCA) citizen suit is unapprovable because it fails to comply with the mitigation project provisions of the Environmental Protection Agency's (EPA's) Penalty Policy for Civil Settlement Negotiations. The propos...