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State v. Uretek, Inc.

The court holds that adequate evidence supports the conviction of a corporation of storing hazardous waste without a permit required under the Resource Conservation and Recovery Act (RCRA). Defendant, a small quantity generator, was charged with knowingly storing more than ten containers of hazardou...

United States v. Arkwright, Inc.

The court rules that the Environmental Protection Agency's (EPA's) failure to act on a proposed revision to a state implementation plan (SIP) within four months does not bar enforcement of the existing SIP, and EPA may collect civil penalties for the period between the expiration of the four-month S...

Lawlor v. Shannon

The court holds that a provision in Massachusetts' right-to-know law making communication of information obtained about workplace chemical hazardous a criminal offense violates the First Amendment, and the unconstitutional provision is severable from the rest of the statute. The right-to-know law re...

Lykins v. Westinghouse Elec. Corp.

The court grants in part and denies in part defendants' motion to dismiss an action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and the Federal Water Pollution Control Act (FWPCA) by residents an...

Oregon Natural Resources Council v. Lyng

The court holds that the Forest Service's timber sale in the Hells Canyon National Recreation Area does not violate the National Environmental Policy Act (NEPA), the Hells Canyon National Recreation Area Act, or the Federal Water Pollution Control Act (FWPCA). The court first holds that the Forest S...

In re BASF Corp.

The court holds that two environmental groups have standing to appeal the Louisiana Department of Environmental Quality's (DEQ's) assessment of an allegedly inadequate civil penalty against BASF Corporation for violations of state air quality regulations. The court holds that BASF's counsel, who are...

United States v. Chemical Resources, Inc.

The court holds that the Environmental Protection Agency may not enforce Resource Conservation and Recovery Act (RCRA) financial responsibility requirements against underground injection facilities. Such facilities are exempted from RCRA's financial responsibility requirements by 40 C.F.R. §§265.1...

National Wildlife Fed'n v. Hanson

The court holds that environmental groups are entitled to attorney fees under §505(d) of the Federal Water Pollution Control Act (FWPCA) for their challenge to the Corps of Engineers' determination that a tract of land was not wetlands and the Environmental Protection Agency's (EPA's) failure to ov...

Ogden Envtl. Servs. v. San Diego, City of

The court invalidates San Diego's second denial of a permit for a demonstration hazardous waste incinerator, because it frustrates Congress' intent to encourage the development of innovative treatment technologies under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environm...

Natural Resources Defense Council v. EPA

The court rules on the remaining issues in the consolidated challenges to the Environmental Protection Agency's (EPA's) national pollutant discharge elimination system (NPDES) permit program regulations under the Federal Water Pollution Control Act (FWPCA). The court first addresses challenges to EP...