The court rules that the Environmental Protection Agency (EPA) cannot collect a noncompliance penalty from a manufacturer for the period between the date the state submitted a proposed revision to its state implementation plan (SIP), which would have put a manufacturer whose emissions violate the SI...

The court holds that Federal Water Pollution Control Act §509(b)(1) does not authorize direct appellate review of an Environmental Protection Agency (EPA) decision to deny construction funding for a land-based spray irrigation sewage treatment plant. The court holds that EPA's decision that the pro...

The court holds that Resource Conservation and Recovery Act §7006(b)(1) does not provide it with jurisdiction to directly review an Environmental Protection Agency denial of an interim status facility's request for a waiver of regulatory requirements.
Counsel for PetitionerJames S. StokesAlston &a...

The court holds that Toxic Substances Control Act (TSCA) §11(c) authorizes the Environmental Protection Agency (EPA) to issue administrative subpoenas to determine whether an operator (Alyeska) has discharged polychlorinated biphenyls from its Trans-Alaska Pipeline oil loading facility at Valdez. A...

The court holds that a state court consent order between the Ford Motor Company and several state air pollution control agencies, which purports to vacate Michigan's state implementation plan (SIP) for ozone previously approved by the Environmental Protection Agency (EPA), does not preclude the fede...

The court holds that due process does not require the Army Corps of Engineers to hold an informal hearing for a Federal Water Pollution Control Act (FWPCA) §404 dredge and fill permit applicant seeking to construct a seawall or bulkhead in the Florida Keys, because the permit applicant did not requ...

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to actions for natural resource damages under §107. The court first holds that Idaho's suit for natural resource damages was timely fil...

The court holds that the district court abused its discretion in authorizing a special master to review and submit recommendations on motions for summary judgment and other potentially dispositive motions in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Lia...

The Supreme Court holds that the Seventh Amendment guarantees a jury trial to determine liability in actions by the federal government seeking civil penalties and injunctive relief under the Federal Water Pollution Control Act (FWPCA), but the judge must determine the amount of the penalty. Appellan...

The court holds that defendant steel company violated certain emission standards established in a consent decree in a Clean Air Act enforcement action at a West Virginia coke plant. The court first holds that defendant violated the decree's provision requiring a demonstration of compliance with the ...