The court rules that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires a pesticide registration holder to exhaust administrative remedies before going to court to cancel a competitor's registration allegedly secured by use of plaintiff's research data. FIFRA §3(c)(1)(D) grant...

On a motion for partial summary judgment on the issue of strict, joint, and several liability under §107(a) of the comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that the owners of the Medley farm site in South Carolina, who accepted and disposed by ...

On a motion for summary judgment between third party defendants to the government's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action for reimbursement of response costs incurred in connection with the cleanup of the Medley Farm site in South Carolina, the c...

The court rules that the only defenses to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability are those enumerated in §107(b). Accordingly the court grants a motion by the government under Federal Rule of Civil Procedure 12(f) to strike a corporate defendant's d...

The court holds that defendant's conversion of wetlands in the Great Cedar Swamp in Massachusetts to agricultural use without obtaining a permit from the Corps of Engineers violated §404 of the Federal Water Pollution Control Act (FWPCA) since defendant's activity did not fall within §404(f)(1)'s ...

The court orders a defendant in a Federal Water Pollution Control Act §404 enforcement action to perform extensive restoration of wetlands in the Great Cedar Swamp in Massachusetts that it converted to agricultural use without obtaining a permit from the Corps of Engineers, and to pay a substantial...

The court holds that the Food and Drug Administration's (FDA's) decision not to issue an interim action level or tolerance setting acceptable levels of dioxin contamination for human consumption of Great Lakes fish is supported by substantial evidence and accords with the Federal Food, Drug, and Cos...

The court holds that the Environmental Protection Agency (EPA) does not have to comply with the National Environmental Policy Act (NEPA) and prepare an environmental impact statement (EIS) when it registers pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court h...

The court rules that the Equal Access to Justice Act (EAJA) does not authorize the award of attorney fees to a pro se litigant, but does authorize the award of litigation expenses. The court holds that EAJA's definition of fees, 28 U.S.C. §2412, requires that an attorney have been retained. Section...

The court rules that the submission of a report to Congress by the Secretary of the Interior (Secretary) under §1002(h) of the Alaska National Interest Lands Conservation Act (ANILCA) requires prior public review and comment under the National Environmental Policy Act (NEPA). The report required un...