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Leslie Salt Co. v. United States

The court holds that the Corps of Engineers has jurisdiction over a 153-acre tract of artificially ponded land under Federal Water Pollution Control Act (FWPCA) §404, even though the Corps' jurisdiction is, in part, the result of inundation caused by the Corps itself. The undeveloped tract of land,...

American Paper Inst. v. EPA

The court holds that it lacks subject matter jurisdiction to hear an attack by the pulp and paper mill industry on the Environmental Protection Agency's (EPA's) authority to object to proposed state-issued National Pollution Discharge Elimination System (NPDES) permits and to promulgate antidegradat...

United States v. New Castle County

The court holds that Delaware, acting in its regulatory capacity without any proprietary or financial interest, is not liable for hazardous waste cleanup costs as an operator or arranger under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act. Delaware participate...

United States v. Menominee, City of

The court holds that it lacks jurisdiction over a counterclaim against the Environmental Protection Agency (EPA) and a cross-claim against the state in EPA's enforcement of a Federal Water Pollution Control Act (FWPCA) National Pollutant Discharge Elimination System (NPDES) permit. The counterclaim ...

Florida Power & Light Co. v. Allis-Chalmers Corp.

The court rules that there is no per se rule that a product's manufacturer can never be liable for the product's disposal under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). An electric utility had purchased transformers containing mineral oil unintentionally ta...

Amoco Oil Co. v. Borden, Inc.

The court clarifies its earlier decision, which held 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 cost recovery action against the seller. The court rejects petitione...

Protect Our Eagles' Trees (POETS) v. Lawrence, City of

The court holds that plaintiff may not bring a suit under the Bald Eagle Protection Act (BEPA), Federal Water Pollution Control Act (FWPCA), the Endangered Species Act (ESA), or the National Environmental Protection Act (NEPA) to prevent a city and developers from removing cottonwood trees used by b...

United States v. M. Genzale Plating, Inc.

The court holds that the Environmental Protection Agency's request under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for access to a national priorities list (NPL) site is reasonable. The defendant's challenge to the NPL listing fails because only t...

United States v. Bell Petroleum Servs., Inc.

The court rules that judicial review of the Environmental Protection Agency's (EPA's) selection of a remedy under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) is limited to the administrative record under the arbitrary and capricious standard. The court hol...

United States v. Unitank Terminal Serv.

The court holds that the benzene Clean Air Act National Emission Standard for Hazardous Air Pollutants (NESHAP) applies to a bulk liquid storage terminal. While not a producer of benzene, the terminal receives benzene by ship or barge and transfers benzene by pipeline to storage tanks. When the benz...