The Fifth Circuit rules that §311(g) of the Federal Water Pollution Control Act (FWPCA) does not preempt the federal government's right under maritime tort law to recover oil spill cleanup costs from the owner or operator of a third-party vessel that negligently caused the discharge, but does precl...
The Supreme Court of Rhode Island affirms the trial court's determination that defendants' maintenance of a hazardous waste disposal site constituted a public and private nuisance. The court rules that liability in nuisance is predicated upon unreasonable injury, not unreasonable conduct. The trial ...
The court issues a revised opinion modifying the language of, but not substantively changing the result of, its original April 14, 1981, opinion, 11 ELR 20763. The court rules that ocean dumping of sewage sludge may continue beyond the December 31, 1981, deadline under the Marine Protection, Researc...
The court declines to review the Nuclear Regulatory Commission's (NRC's) refusal to institute a construction permit revocation proceeding concerning a nuclear power plant at Byron, Illinois. Initially, the court rules that jurisdiction to review the NRC's decision lies in the courts of appeals. The ...
The Third Circuit rules that a district court has the authority, pursuant to the Resource Conservation and Recovery Act (RCRA) and the Safe Drinking Water Act (SDWA), to order the past and present owners of a hazardous waste disposal site to fund a diagnostic study of the threat posed by contaminant...
The court upholds the Nuclear Regulatory Commission's (NRC's) decision not to prepare an environmental impact statement (EIS) before amending a New Jersey nuclear plant's license to allow additional storage of spent fuel at the plant. The court first determines that it must apply a reasonableness st...
The court invalidates in part the Environmental Protection Agency's (EPA's) regulations governing nonferrous smelter orders (NSOs) under §119 of the Clean Air Act. An NSO allows the use of a combination of continuous emission controls and dispersion techniques to achieve the national ambient air qu...
The court affirms a district court ruling, 11 ELR 20780, upholding the Environmental Protection Agency's (EPA's) decision not to prepare an environmental impact statement (EIS) concerning construction of a sewage treatment plant in Union County, North Carolina. The court rules that EPA did not act a...
The court declares that a county ordinance imposing licensing and inspection requirements and a taxing scheme on hazardous wastes transported through and disposed of within Boone County, Indiana, is unconstitutional and preempted by state law. The court rules that the ordinance places an undue burde...
The court permanently enjoins the Boone County Board of Commissioners from enforcing a local hazardous waste transportation and disposal ordinance that it held unconstitutional and in violation of state law, 12 ELR 21048.
Counsel are listed at 12 ELR 21048., full_html...