The court holds that denial of a Federal Water Pollution Control Act (FWPCA) §404 permit for activity associated with plaintiff's limestone mining constitutes a taking by depriving plaintiff of all economically viable uses of its land.The court finds that denial of the permit renders rock mining co...

The court holds that costs incurred to clean up a waste site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are administrative expenses that the Environmental Protection Agency (EPA) may recover from the estate of the bankrupt site owner, but not from funds ...

In an appeal from a damage award in a tort action for municipal hazardous waste contamination of drinking water, the court holds that the New Jersey Tort Claims Act bars recovery for emotional distress and medical surveillance, but not the award for impairment of quality of life. The court first rul...

In a private challenge to governmental response actions taken pursuant to §104(a) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA), the court holds that a corporation responsible for storing hazardous wastes at a leaking Ohio site may not obtain judicial review ...

The court holds that the Environmental Protection Agency's (EPA's) decision that Federal Water Pollution Control Act §301(g) variances do not apply to pretreatment standards was not arbitrary or capricious. The court rules that petitioner failed to meet its burden of showing that EPA's decision was...

The court rules that §526 of the Surface Mining Control and Reclamation Act (SMCRA) requires the recipient of a cessation order to exhaust administrative remedies before pursuing a judicial one. Appellee Mullins Coal, who was issued a cessation order requiring it to cease mining operations after it...

The court holds that state administrative enforcement actions do not preclude citizen enforcement suits under §505 of the Federal Water Pollution Control Act (FWPCA). The court first holds that plaintiff Sloop Clearwater has shown the injury-in-fact to its members necessary to demonstrate standing ...

The court holds appellant steel company liable for penalties stipulated in a Clean Air Act consent decree, which appellant violated while unsuccessfully seeking approval for an alternative compliance scheme under the Environmental Protection Agency's (EPA's) emissions trading (bubble) policy. The co...

The court upholds a permanent injunction against the Forest Service's plans to construct the last six miles of a logging road and to permit timber harvesting in the Blue Creek Unit of the Six Rivers National Forest in California because the projects would violate the Indian plaintiffs' First Amendme...

The court holds that Ohio has standing to challenge a Department of Transportation (DOT) statement of policy pursuant to the Hazardous Materials Transportation Act (HMTA) providing that state laws requiring prenotification of shipments of nuclear materials are preempted by federal routing regulation...