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Friends of the Earth v. Hintz

The court holds that the Corps of Engineers (Corps) lawfully issued a Federal Water Pollution Control Act (FWPCA) §404 permit allowing a logging company to fill 17 acres of a wetland for log storage and sorting, and the Corps was entitled to consider off-site mitigation measures in its decision not...

Public Citizen Health Research Group v. Tyson

The court holds that the long-term exposure limit issued by the Occupational Safety and Health Administration (OSHA) for ethylene oxide (EtO) is supported by substantial evidence, but that OSHA's decision not to issue a short-term exposure limit is not supported by the record. The court initially se...

United States v. Charles George Trucking Co.

The court holds that the Environmental Protection Agency's (EPA's) information requests from former operators of an inactive waste site are authorized under §3007(a) of the Resource Conservation and Recovery Act (RCRA), RCRA's penalty provision is not criminal in nature, and defendants' failure to ...

Save Our Dunes v. Pegues

The court holds that an environmental group challenging the construction of condominiums on the Alabama coast is entitled to an injunction to prohibit state officials and the developer from initiating the project until the National Oceanic and Atmospheric Administration (NOAA) decides whether a supp...

Mathies Coal Co. v. Commonwealth

The court rules that the Pennsylvania State Department of Environmental Resources (DER) must, pursuant to the Pennsylvania Clean Streams Law, consider economic or aquatic impacts when issuing a national pollutant discharge elimination system (NPDES) permit. Under DER regulations, receiving stream wa...

Student Pub. Interest Research Group of N.J. v. AT&T Bell Labs.

The court holds that market rates, not the normal billing rates of plaintiffs' public interest law firm, apply to the lodestar calculation in plaintiffs' application for attorney fees under §505(d) of the Federal Water Pollution Control Act (FWPCA). The court first holds that plaintiffs are entitle...

National Wildlife Fed'n v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to issue seven preliminary hydroelectric power permits in the Salmon River Basin pursuant to the Federal Power Act (FPA) without first developing a comprehensive plan for the basin is not supported by any evidence on t...

Washington State Dep't of Fisheries v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision pursuant to the Federal Power Act to issue five preliminary permits for hydroelectric power projects in the Snohomish River Basin without preparing a comprehensive plan for the area is unsupported by the record. The co...

Kennecott Corp. v. EPA

The court holds that petitioners, who were partially successful in their challenge to the Environmental Protection Agency's (EPA's) rules governing the issuance of primary nonferrous smelter order (NSO) regulations, are entitled to attorney fees under Clean Air Act §307(f), but that the award must ...

Jefferson County, Mo. v. United States

The court holds that it does not have subject matter jurisdiction under §104 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to review an Environmental Protection Agency (EPA) on-site removal action at the non-contiguous Minker/Stout/Romaine Creek cleanup site. ...