The court holds that §204(b)(1) of the Federal Water Pollution Control Act authorizes the Environmental Protection Agency (EPA) to withhold construction grant funds from a county sewerage authority to which a municipality without a user charge system indirectly discharges its sewage, but not to ord...
The court rules that the president's choice of a Northern Tier Pipeline route to transport Alaskan crude oil from the West Coast to the Midwest and the Interior Department's granting of right-of-way permits did not violate the Publics Utility Regulatory Policies Act (PURPA), the National Environment...
The Third Circuit rules that the Environmental Protection Agency's (EPA's) disapproval of a delayed compliance order (DCO) for steel furnace fugitive particulate emissions issued by the Pennsylvania Department of Environmental Resources pursuant to §113(d) of the Clean Air Act was invalid. The cour...
The court dismisses claims for damages filed by certain categories of plaintiffs alleging indirect economic harm from kepone pollution in the James River and Chesapeake Bay. It holds that seafood wholesalers, retailers, processors, distributors, and restaurateurs may not maintain actions for neglige...
The court reverses and remands for new trial an award of damages against a municipality for discharges of effluent from its sewage treatment plant. Discharges of phosphorus from the plant caused eutrophication of a lake owned by respondent. Initially, the court overturns an award of expert witness f...
The court upholds the district court's finding, 11 ELR 20474, that environmental impact statements prepared for the Ouachita and Black Rivers Navigation Project in Arkansas and Louisiana adequately discuss the environmental impacts and alternatives to the creation and operation of the Felsenthal Nat...
Defendant, the vice president of a paper recycling company, after pleading guilty to charges of discharging industrial wastes in violation of §§301(a) and 309(c)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §§1311(a), 1319(c)(1), and submitting falsified discharge monitoring reports ...
Defendant, a paper recycling company, after pleading guilty to charges of discharging industrial wastes in violation of §§301(a) and 309(c)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §§1311(a), 1319(c)(1), is fined $50,000.
[See also United States v. Bushey, 12 ELR 20175 — Ed.]
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The court dismisses a barge operator's claim for reimbursement of oil spill cleanup costs under §311 of the Federal Water Pollution Control Act. Section 311(i)(1)(A) entitles a spiller to recover its cleanup costs from the government if the spill was caused "solely" by "an act of God." Relying on l...
The court holds that the State of California's ban on the importation and sale of products made from endangered species is constitutional and is not preempted by the Endangered Species Act (ESA) or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Initially...