The court holds that in a criminal prosecution of unpermitted and unreported hazardous waste dumping under Resource Conservation and Recovery Act (RCRA) §3008(d)(2)(A) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §103(b)(3), there was sufficient evidence of gu...

The court holds that the district court properly abstained from deciding a developer's challenge to a county's refusal to allow residential development on a portion of the developer's land pursuant to the Chesapeake Bay Critical Area Protection Program. The county decided that the subdivision plat d...

The court holds that a developer's challenge to a county's refusal to allow residential development on a portion of its land pursuant to the Chesapeake Bay Critical Area Protection Program is barred by the developer's prior agreement not to build on this land. The court rejects the developer's claim...

The court holds that the Environmental Protection Agency (EPA) is not required under the Clean Air Act to revise the national ambient air quality standards for sulfur oxides. The court first rules that Clean Air Act §109(d) does not impose a nondiscretionary duty on EPA to issue revised standards. ...

The court holds that Federal Rule of Civil Procedure 68, the offer of judgment rule, does not apply to citizen suits under the Federal Water Pollution Control Act (FWPCA). The rule provides that where a party rejects an offer of judgment, prevails at trial, and is awarded less than the amount of the...

The court holds that §505(a)(1) of the Federal Water Pollution Control Act (FWPCA) and the federal question statute grant federal subject matter jurisdiction over a challenge to a Corps of Engineers wetlands determination, and rules that lands filled and converted to dry land after 1975 may still b...

The court holds that the Environmental Protection Agency (EPA) properly found the operator of a truck assembly facility liable for civil penalties under Clean Air Act §120 for volatile organic compound emissions from painting lines in violation of the Ohio state implementation plan (SIP). The court...

The court upholds the Environmental Protection Agency's (EPA's) revised regulations governing the importation of motor vehicles that do not conform to federal Clean Air Act emission requirements. The revisions provide that nonconforming vehicles can be imported only by an independent commercial impo...

The court holds that a suit by the United States to recover response costs incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) falls within the police power exception to the Bankruptcy Code's automatic stay provision. The court first holds that it has ap...

The court holds that a parcel of land on which dikes and levees were built without a permit under §404 of the Federal Water Pollution Control Act (FWPCA) is a "wetland" within the meaning of the Corps of Engineers' regulations, and defendants are not entitled to a farming or silviculture exemption ...