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Sierra Club v. Thomas

The court holds that the Environmental Protection Agency (EPA) must issue regulations to implement its program to prevent significant deterioration of air quality (PSD program) from emissions of nitrogen oxides by October 9, 1988. The court holds that EPA failed to comply with §166 of the Clean Air...

Kalik v. Allis-Chalmers Corp.

In this private action against manufacturers and suppliers of electrical components containing PCBs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state products liability law, the court rules that CERCLA provides an independent basis for asserting feder...

Sunnen Prods. Co. v. Chemtech Indus.

The court holds that the seller of property on which it operated a chemical manufacturing plant from which hazardous substances were released is liable to the buyer for response costs under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In a footno...

Ironbound Health Rights Advisory Comm'n v. Diamond Shamrock Chem. Co.

The court holds that the New Jersey Environmental Rights Act does not authorize citizen suits to compel the state to undertake a discretionary function. Rather, the statute enables a citizen to maintain a suit against a person, including the state, who has violated state pollution control laws. A ju...

National Wildlife Fed'n v. Laubscher

A magistrate rules that decisions made by the Environmental Protection Agency (EPA) and the Corps of Engineers whether to apply the Federal Water Pollution Control Act (FWPCA) to isolated wetlands are discretionary, and thus FWPCA §505 does not provide a private right-of-action to challenge such de...

National Wildlife Fed'n v. Laubscher

The court holds that several conservation organizations do not have standing to bring an action against the Environmental Protection Agency (EPA) and the Corps of Engineers to compel them to assert jurisdiction under the Federal Water Pollution Control Act over isolated wetlands. The court first dec...

United States v. Puerto Rico Aqueduct & Sewer Auth.

The court holds that the Puerto Rico Aqueduct and Sewer Authority (PRASA) is liable for a $32 million civil penalty under the Federal Water Pollution Control Act for multiple violations of a consent order concerning Puerto Rico's sewage treatment program. The court rejects PRASA's request not to enf...

Evergreen Waste Sys., Inc. v. Metropolitan Serv. Dist.

The court holds that defendant's ordinance barring out-of-district waste from the district's landfill does not violate the Commerce Clause. The ordinance applies to only one of the many landfills operated in Oregon and bars waste from most Oregon counties in addition to out-of-state waste. Thus, iti...

Taxpayers Watchdog, Inc. v. Stanley

The court holds that the Urban Mass Transportation Association (UMTA) did not violate the National Environmental Policy Act (NEPA) when it segmented and funded four miles of a subway system for Los Angeles, California, after finding that construction of the four-mile portion would have no significan...

National Coalition Against the Misuse of Pesticides v. Thomas

The court holds that the Environmental Protection Agency (EPA) acted reasonably on remand leaving in place an interim tolerance of 30 parts per billion (ppb) for the pesticide ethylene dibromide (EDB) in imported mangoes, to be reduced to 0 ppb after September 30, 1987. The court had previously rema...