The court holds that the operator of an industrial plant built over a closed solid waste landfill must conduct a surface cleanup under the New Jersey Environmental Cleanup Responsibility Act (ECRA). The plant is an "industrial establishment" under ECRA that must be cleaned up prior to closure or tra...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) statute of limitations does not apply retroactively to response costs incurred prior to its enactment in October 1986, and an individual owner of a hazardous waste site who took no part in the...

The court holds that a federal three-year statute of limitations for tort actions does not apply in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost action, and the doctrine of laches is inapplicable since the United States has brought suit in its sovere...

The court holds that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA) and the Federal Power Act (FPA) by issuing a hydroelectric project license without first preparing an environmental impact statement (EIS) and creating a comprehensive developme...

The court holds that three additions to the Occupational Safety and Health Administration's (OSHA's) revised hazard communication standard are not subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). In response to a previous order by the court, in ...

The court holds that civil penalties may be assessed and injunctive relief issued under the Clean Air Act against a government contractor that operates an aircraft plant owned by the Air Force. The court first holds that it has subject matter jurisdiction, even though the government is suing the def...

The court reinstates its holding that a defendant in a Federal Water Pollution Control Act (FWPCA) citizen suit is liable for violations of its national pollutant discharge elimination system permit, but conditions liability on plaintiff's ability to prove ongoing violations or the reasonable likeli...

The court holds that the New Jersey Department of Environmental Protection's amendment of the definition of solid waste to include waste material to be recycled does not contravene the state's Solid Waste Management Act. The broad definition actually advances the purposes of the statute by serving t...

The court holds that a regulation issued under the New Jersey Solid Waste Management Act requiring solid waste haulers to deposit all trash collected in a county at a specified transfer station does not violate the Commerce Clause. The court first holds that the district court had subject matter jur...

The court holds that the Federal Tort Claims Act's discretionary function exception bars an action by residents of the Dallas, Texas, area alleging that the Environmental Protection Agency (EPA) negligently failed to regulate lead pollution from three local lead smelters or warn of the hazards. The ...