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New York, City of v. Exxon Corp.

The court holds that neither prior approval nor expenditure of funds by the Environmental Protection Agency (EPA) or the state is a prerequisite to a cost recovery action brought by New York City under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) agains...

Kenney v. Scientific, Inc.

The court holds that plaintiffs are not entitled to a jury trial under the New Jersey Constitution in an action for damages allegedly caused by improper hazardous waste disposal at area landfills. The case was brought by 106 residents against 661 defendants, including the owners and operators of the...

Prager v. Hodel

The court holds that the Secretary of the Interior's refusal to designate an area as unsuitable for coal mining, on the grounds that the petitioner had not shown reclamation was technologically or economically infeasible, was not arbitrary or capricious. After initially observing that the arbitrary ...

Fair v. EPA

The court holds that payment for sewer services is sufficient to establish standing in a challenge to Environmental Protection Agency grant funding for local sewer construction under the Federal Water Pollution Control Act (FWPCA), but the action is moot once the sewer has been completed. The court ...

Merrell v. Block

The court rules that the Equal Access to Justice Act (EAJA) does not authorize an award of fees to a pro se litigant. The court holds that EAJA's definition of fees, 28 U.S.C. §2412, requires that an attorney have been retained. Section 2412(d)(2)(A) specifically defines fees and expenses to be "re...

Ohio v. EPA

The court reaffirms the merits of its earlier decision, 16 ELR 20447, in which it held that the Environmental Protection Agency's (EPA's) use of a computerized atmospheric model to set emission limits without a validation program was arbitrary and capricious. The court, at the request of the parties...

Fondessy Enters. v. Oregon, City of

The court holds that an Ohio municipality may impose a permit fee and recordkeeping requirements, in addition to state-imposed requirements, upon a hazardous waste facility located within the city's borders. The court first rules that the home rule power of municipalities under the Ohio Constitution...

Laurel Pipe Line Co. v. Bethlehem Mines Corp.

The court rules that federal district courts lack jurisdiction under the Surface Mining Control and Reclamation Act to hear a §520 citizen suit in a state that has been delegated primary enforcement responsibility. The court first holds that Pennsylvania had adopted an approved surface mining progr...

Idaho v. Bunker Hill Co.

In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action, the court holds that it has personal jurisdiction over the nonresident corporate parent of the operator of a hazardous waste site in Idaho, the parent corporation is an owner or operator within the meaning of...