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Friends of the Earth v. Hall

The court enjoins the Navy from conducting dredging operations in connection with its construction of a carrier battle group homeport at Everett, Washington. The court initially holds that factual findings made by Washington state hearing boards during the appeal of the state water quality certifica...

Boliden Metech, Inc. v. United States

The court rules that the Toxic Substances Control Act (TSCA) implicitly authorizes the Environmental Protection Agency (EPA) to obtain ex parte administrative search warrants. The court first rules that TSCA authorizes EPA to obtain search warrants to fulfill its inspection duties under the Act. TSC...

Blue Water Isles Co. v. Department of Natural Resources

The court upholds the Michigan Department of Natural Resources' (DNR's) denial of plaintiff's application for a permit under the Inland Lakes and Streams Act (ILSA) to dredge and fill 442 acres of marsh lands. The court first rejects plaintiff's argument that the ILSA is inapplicable on the grounds ...

United States v. Tzavah Urban Renewal Corp.

The court issues a Clean Air Act §113 order requiring the owners and operators of a hotel under renovation to clean up asbestos debris. The court first holds that plaintiff's motion for injunctive relief is not moot. The owners' and operators' long history of noncompliance and recent Environmental ...

Ascon Properties, Inc. v. Mobil Oil Co.

The court rules that a plaintiff suing for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) need not specifically allege the manner in which a release has occurred nor detail the types of response costs incurred, and that the 90-day noti...

Versatile Metals, Inc. v. Union Corp.

The court holds that the lessee/buyer of property contaminated by polychlorinated biphenyls (PCBs) cannot recover damages or indemnification from the lessor/seller, and the seller cannot obtain contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from...

Dedham Water Co. v. Cumberland Farms Dairy, Inc.

The court holds that chemical releases from defendant's facility did not cause plaintiff's groundwater contamination, and defendant is therefore not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or state statutory and common law. The court first rule...

Valley Citizens for a Safe Env't v. Aldridge

The court holds that the Air Force's environmental impact statement (EIS) on basing 16 large cargo planes adequately considers alternatives, cost, air pollution, and noise pollution. The court first holds that the range of alternatives to the proposed action considered in the EIS is adequate. A deta...

C. Greene Equip. Corp. v. Electron Corp.

The court holds that the seller of electrical equipment that later leaked polychlorinated biphenyls (PCBs) is not a responsible party under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), since the seller did not "arrange for disposal" of the PCBs. ...

Arnow v. NRC

The court holds that §701(a)(2) of the Administrative Procedure Act (APA) bars review of the Nuclear Regulatory Commission's (NRC's) denial of a petition challenging the adequacy of a utility's tests on the containment structures of three nuclear reactors. Petitioners had alleged that the containme...