The court rules that the Virginia statute of limitation governing personal injuries caused by exposure to asbestos products begins to run when the claimant has a legally provable injury, not at the time of the last exposure. In 1978, appellant filed a negligence action alleging that he contracted me...
The court rules that under §189(a) of the Atomic Energy Act (AEA) the Nuclear Regulatory Commission (NRC) is required, upon the request of an interested person, to hold a hearing before issuing an amendment to a construction permit or an operating license for a nuclear power plant. Petitioners, who...
Four members of the court dissent from its denial of the government's motion for rehearing en banc. In their view, the opinion for the court erroneously interprets §189(a) of the Atomic Energy Act and will have the effect of overburdening NRC's licensing apparatus. They are also unconvinced that th...
The Sixth Circuit Court of Appeals affirms appellant's criminal conviction, 9 ELR 20700, for discharging toxic pollutants into the sewers of Louisville, Kentucky, in violation of §§301, 307, and 309 of the Federal Water Pollution Control Act (FWPCA). In accordance with §309(c)(1) of the FWPCA, ap...
The court rules that negligent third parties may be held liable to the United States for oil sill cleanup and wreckage removal costs under the Federal Water Pollution Control Act (FWPCA) and the Wreck Removal Act. The United States sued the owner/operator of a private security company that patrolled...
Denying a motion for a preliminary injunction, the court rules that the Environmental Protection Agency's (EPA's) decision not to prepare an environmental impact statement (EIS) for a sewage treatment project in Morris County, New Jersey, was neither arbitrary, capricious, nor unreasonable and thus ...
The Supreme Court dismisses an appeal from a California decision regarding municipal liability for inverse condemnation by means of a zoning ordinance because there was no final judgment from the court below. Appellant's nuclear power plant site was zoned by appellee city for industrial or agricultu...
The court upholds the Environmental Protection Agency's (EPA's) standards governing particulate emissions and its waiver of the nitrogen oxides emissions standard for light-duty diesel vehicles. The Clean Air Act sets specific emissions standards for certain classes of vehicle pollutants and authori...
The court rules that the district court has jurisdiction to order the Administrator of the Environmental Protection Agency (EPA) to issue parts certification and maintenance instruction regulations as required by §207 of the Clean Air Act. The district court had enjoined EPA from enforcing the Emis...
Affirming the decision of the Ninth Circuit Court of Appeals, 10 ELR 20456, the Supreme Court holds that revenues received from oil and gas leases on national wildlife refuges reserved from public lands must be distributed according to the formula of the Mineral Leasing Act of 1920 (MLA) rather than...