Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Rivers Unlimited v. Costle

In a Federal Water Pollution Control Act (FWPCA) §505 citizen suit seeking to compel the Administrator of the Environmental Protection Agency (EPA) to withdraw Ohio's national pollutant discharge elimination system (NPDES) authority under §402(c)(3) and to assume enforcement of the state program u...

United States v. Republic Steel Corp.

The court rules that a citizens group may intervene in a Clean Air Act enforcement suit on a timely motion filed after the filing of a consent agreement to settle the suit. The government filed the agreement shortly after bringing suit, based on two years of prior negotiations with the defendant. Th...

United States v. Mid-States Terminals, Inc.

A citizens group whose members include people suffering from respiratory ailments may intervene in an enforcement action under the Clean Air Act. The court first holds that intervenors submitted a responsive pleading. The court also rejects defendant's argument that intervenors' interests are adequa...

United States v. Public Serv. Co. of Ind.

The court rules that remanded new source performance standards (NSPS) for coal fired power plants are unenforceable against units on which construction was begun prior to the proposal to revise standards in response to the remand. In June 1971, defendant began construction of a power plant complex d...

Northwestern Ohio Lung Ass'n v. Costle

The court holds that the Environmental Protection Agency (EPA) Administrator has a non-discretionary duty to commence a civil action to stop construction on a new facility until defendant has complied with the Clear Air Act. The court first rules that the citizen suit is not moot. Plaintiff seeks to...

Tennessee v. Herrington

The court holds that the Secretary of the Department of Energy (DOE) violated §117(b) of the Nuclear Waste Policy Act (NWPA) by failing to consult and cooperate with Tennessee officialsin conducting siting studies for a temporary nuclear waste disposal and storage facility in the state. The NWPA, b...

United States v. Professional Sales Corp.

The court rules that § 105 of the Bankruptcy Code does not authorize a bankruptcy judge to enjoin the Environmental Protection Agency (EPA) from terminating the interim status of a hazardous waste disposal facility owned by a firm in a Chapter 11 reorganization. As a result of a mechanics lien, app...

Student Pub. Interest Research Group of N.J. v. American Cyanamid Co.

The court holds that plaintiff environmental group has standing to bring a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA), and may sue for past violations, and that no statute of limitations applies. Plaintiff brought this citizen suit claiming that defendant violated th...

Long Island Lighting Co. v. Suffolk, County of

The court holds that the Atomic Energy Act preempts a county law criminalizing participation in emergency response tests involving simulation of local government roles. The Suffolk County law, the latest chapter in the protracted struggle over the future of the Shoreham nuclear facility in New York,...