The court holds that plaintiffs are entitled to attorney fees under the Endangered Species Act (ESA) in their challenge to the registration of strychnine under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On the merits, the court had held that the Environmental Protection Agency'...

The court holds that the Environmental Protection Agency's (EPA's) decision to apply Resource Conservation and Recovery Act (RCRA) land disposal treatment standards to leachate derived from wastes that were not deemed hazardous when they were disposed is reasonable. In August 1988, EPA announced tha...

The court holds that regulations limiting the scope of the Endangered Species Act (ESA) to federal actions occurring within the United States are invalid. The court first holds that while plaintiffs may bear a greater burden in proving standing to sue at the summary judgment stage than they did for ...

The court holds that the Environmental Protection Agency's (EPA's) informal procedures for administrative hearings concerning the issuance of corrective action orders under §3008(h) of the Resource Conservation and Recovery Act (RCRA) are reasonable. The 1984 RCRA amendments added subsection (h) to...

The court holds that a private plaintiff that alleges that it is an innocent landowner under CERCLA §101(35) may pursue recovery of cleanup costs without first being held legally liable, and plaintiff's state causes of action are not time barred by the statute of limitations. The court first holds ...

The court generally upholds the Environmental Protection Agency's (EPA's) effluent limitations under the Federal Water Pollution Control Act (FWPCA) for the organic chemicals, plastics, and synthetic fibers (OCPSF) industries against challenges by industry and an environmental group. Turning first t...

The court holds that the Federal Tort Claims Act (FTCA) waives the Department of Defense's (DOD's) sovereign immunity for damages resulting from a contractor's improper disposal of DOD's hazardous waste. The court first holds that the FTCA's discretionary function exemption does not exempt DOD's haz...

The court holds that under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency Administrator may cancel registration of a pesticide upon a finding of significant probability that undesirable consequences to the environment may occur. The court first h...

The court holds that a waste disposal service's conviction for violating the Pennsylvania Solid Waste Management Act (SWMA) was supported by the evidence and no Fourth Amendment violation occurred even though the state agent who personally observed the violations entered the service's property witho...

The court rules that civil penalties assessed under the Federal Water Pollution Control Act (FWPCA) and Clean Air Act are not deductible as ordinary business expenses under the Internal Revenue Code. Internal Revenue Code §162(f) precludes the deduction of "any fine or similar penalty paid to a gov...