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International Paper Co. v. Ouellette

The Court rules that the Federal Water Pollution Control Act (FWPCA) preempts state common-law nuisance remedies for interstate water pollution to the extent that an affected state seeks to impose liability under its laws on a point source in another state. The Court first rules that the only state ...

United States v. Engler

The court holds that a defendant prosecuted for selling protected wildlife in violation of the Migratory Bird Treaty Act (MBTA) is not entitled to an entrapment defense as a matter of law, and due process was not violated as a result of either the conduct of government officials during their investi...

McClellan Ecological Seepage Situation v. Weinberger

The court rules that Resource Conservation and Recovery Act (RCRA) §§6001 and 7002 and Federal Water Pollution Control Act (FWPCA) §§313(a) and 505(a) do not waive the United States' sovereign immunity from a citizen suit seeking civil penalties. The court reviews the language of RCRA §6001, th...

National Wildlife Fed'n v. U.S. Forest Serv.

The court dismisses as moot a challenge to timber sales in the Siuslaw National Forest in Oregon since the Forest Service has withdrawn its plan until the completion of the forest plan and the environmental impact statement (EIS). The parties agree that the National Forest Management Act claims and ...

Sierra Club v. Simkins Indus.

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court declines to reconsider its earlier holding that defendant is liable for failing to file discharge monitoring reports (DMRs) as required by defendant's national pollutant discharge elimination system (NPDES) permit, holds defend...

Jackson v. New York State Urban Dev. Corp.

The court upholds the actions of the New York State Urban Development Corporation (UDC) in approving a development project in the Times Square area of New York City, following review in accordance with the New York State Environmental Quality Review Act and the New York Eminent Domain Procedure Law ...

Mraz v. Canadian Universal Ins. Co.

The court holds that an insurance company does not have a duty to defend the insureds, who are defendants in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), because there was no occurrence during the insurance policy period, there was ...

Pawtuxet Cove Marina, Inc. v. Ciba-Geigy Corp.

The court rules that private parties may maintain an action under §505 of the Federal Water Pollution Control Act (FWPCA) for civil penalties for violations that have ceased prior to the filing of the suit only if good-faith allegations warranting injunctive relief are also made. The court first ru...

Aminoil, Inc. v. EPA

The court holds that the potential imposition of punitive damages under §107(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for failure to comply with a §106(a) cleanup order does not violate the due process rights of responsible parties. The court initial...