The court holds that state law, rather than the Federal Water Pollution Control Act (FWPCA), governs issuance of national pollutant discharge elimination system (NPDES) permits under state permit programs. Plaintiffs brought a citizen suit under FWPCA §505, seeking a declaration that state official...

The court holds that a state's issuance of a national pollutant discharge elimination system permit under the Federal Water Pollution Control Act (FWPCA) cannot be challenged under the Supremacy Clause in federal district court. The court holds that the Supremacy Clause is inoperative, since plainti...

The court holds that the Supremacy Clause does not grant an implied cause of action for review of state-issued national pollutant discharge elimination system (NPDES) permits that contain effluent limits less stringent than those required under federal law. The Alabama Department of Environmental Ma...

The court enjoins the operators of a marina in a national wildlife refuge in New York City from docking boats in a cove and expanding the marina in violation of the Rivers and Harbors Act (RHA) and the Federal Water Pollution Control Act (FWPCA). The court first holds that the government has shown a...

The court holds that a company that operates a hazardous waste treatment facility and its president and principal shareholder are liable under the Resource Conservation and Recovery Act (RCRA) for violating regulations governing closure plans and interim status requirements. The court first holds th...

The court holds that wastes stored at the Department of Energy's Rocky Flats, Colorado, Plant are hazardous wastes subject to the Resources Conservation and Recovery Act (RCRA). Under RCRA regulations, when hazardous wastes are mixed with other wastes, the whole mixture is subject to RCRA requiremen...

The court upholds the Nuclear Regulatory Commission's (NRC's) 1987 amendments to its criteria for the operation of uranium mills and the disposal of tailings. The court holds that the NRC properly considered the costs and benefits of its 1987 amendments, enacted under the Uranium Mill Tailings Radia...

The court holds that the county is not entitled to modify a consent decree concerning the ocean dumping of sewage sludge to delete the schedule requiring the county to build and operate equipment to dewater all of its sludge by the end of 1991. The county and the Environmental Protection Agency ente...

The court holds that a chemical company is liable to an airport for costs of removal of hazardous waste under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prior government approval is not necessary before allowing a private suit to recover the cost of a cleanup...

The court holds that the Federal Highway Administration's (FHwA's) environmental impact statement (EIS) on a proposed highway is adequate under the National Environmental Policy Act. The agency adequately defined the need and purpose for the highway through consultation with local and state official...