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Washington State Dep't of Fisheries v. Federal Energy Regulatory Comm'n

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision pursuant to the Federal Power Act to issue five preliminary permits for hydroelectric power projects in the Snohomish River Basin without preparing a comprehensive plan for the area is unsupported by the record. The co...

Kennecott Corp. v. EPA

The court holds that petitioners, who were partially successful in their challenge to the Environmental Protection Agency's (EPA's) rules governing the issuance of primary nonferrous smelter order (NSO) regulations, are entitled to attorney fees under Clean Air Act §307(f), but that the award must ...

Jefferson County, Mo. v. United States

The court holds that it does not have subject matter jurisdiction under §104 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to review an Environmental Protection Agency (EPA) on-site removal action at the non-contiguous Minker/Stout/Romaine Creek cleanup site. ...

Park County Resource Council, Inc. v. BLM

The court holds that the Bureau of Land Management's (BLM's) environmental assessment (EA) for an application to drill an exploratory well on a federal oil and gas lease in multiple use land in the Shoshone National Forest in Wyoming adequately considered alternatives and potential impacts on a near...

Atlantic States Legal Found. v. Al Tech Specialty Steel Corp.

The court rules that a plaintiff organization has standing under Federal Water Pollution Control Act (FWPCA) §505, the citizen suit provision, to sue for past violations of the FWPCA. Standing is established despite the fact that no organization member alleged use of the Kroma Kill, a small creek i...

Meyer v. U.S. Coast Guard

The court rules that §6001 of the Resource Conservation and Recovery Act (RCRA) does not waive the federal government's sovereign immunity to civil penalties imposed by states. The court initially notes that the United States cannot be sued without its consent, that any waiver of consent must be cl...

SCA Servs. of Ind., Inc. v. Thomas

The court holds that the owner of a landfill was not denied due process by the Environmental Protection Agency's (EPA's) determination that the site qualified for listing on the national priorities list (NPL) without affording the owner an evidentiary hearing, and the Agency's insistence on conditio...

Maryland Casualty Co. v. Armco, Inc.

The court holds that an insurance company's contractual duty to defend the insured from suits seeking "damages" does not include lawsuits alleging liability for response costs under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(4)(A). The court first notes t...

Waste Management of Carolinas, Inc. v. Peerless Ins. Co.

The court holds that insurers have no duty to defend their insured from third-party complaints filed by the owners, operators, and franchisor of a landfill seeking indemnification for their liability in a Resource Conservation and Recovery Act suit filed by the federal government. The court first ho...

Sarasota, City of v. EPA

The court holds that a city's action seeking to force the Environmental Protection Agency (EPA) to approve its plan for eliminating wastewater discharge is not a money claim over which the Claims Court has jurisdiction. EPA had objected to the plan, which would involve spreading treated wastewater e...