The court holds that potentially responsible parties cannot obtain judicial review of a completed response action taken by the Environmental Protection Agency (EPA) under §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) prior to a §107 cost recovery action...

The court holds that insurance companies do not have a duty to defend in an action brought by a city for damages to its sewage system caused by the waste discharged from the insureds' plant because the discharge falls within the policy's exclusion for damage caused by intentional releases of polluta...

The court holds that landowners are entitled to a jury verdict in their nuisance action against the owner of a carpet dye plant in Georgia who operates coal-fired boilers under an air pollution control permit granted by the state. The court first holds that operation of the coal-fired boilers may co...

The court holds that neither prior approval nor expenditure of funds by the Environmental Protection Agency (EPA) or the state is a prerequisite to a cost recovery action brought by New York City under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) agains...

The court holds that plaintiffs are not entitled to a jury trial under the New Jersey Constitution in an action for damages allegedly caused by improper hazardous waste disposal at area landfills. The case was brought by 106 residents against 661 defendants, including the owners and operators of the...

The court holds that the Secretary of the Interior's refusal to designate an area as unsuitable for coal mining, on the grounds that the petitioner had not shown reclamation was technologically or economically infeasible, was not arbitrary or capricious. After initially observing that the arbitrary ...

The court holds that payment for sewer services is sufficient to establish standing in a challenge to Environmental Protection Agency grant funding for local sewer construction under the Federal Water Pollution Control Act (FWPCA), but the action is moot once the sewer has been completed. The court ...

The court rules that the Equal Access to Justice Act (EAJA) does not authorize an award of fees to a pro se litigant. The court holds that EAJA's definition of fees, 28 U.S.C. §2412, requires that an attorney have been retained. Section 2412(d)(2)(A) specifically defines fees and expenses to be "re...

The court reaffirms the merits of its earlier decision, 16 ELR 20447, in which it held that the Environmental Protection Agency's (EPA's) use of a computerized atmospheric model to set emission limits without a validation program was arbitrary and capricious. The court, at the request of the parties...

The court holds that an Ohio municipality may impose a permit fee and recordkeeping requirements, in addition to state-imposed requirements, upon a hazardous waste facility located within the city's borders. The court first rules that the home rule power of municipalities under the Ohio Constitution...