The court rules that a claim by the government for response costs and natural resources damages under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) must comply with the notice requirement of CERCLA §112(a). Initially, the court rules that the presence o...
The court orders a rehearing en banc of a maritime tort case.
[The three-judge panel had held, 14 ELR 20397, that business persons could not recover profits lost as a result of a toxic chemical spill where neither they nor their property suffered any physical damage — Ed.]
Counsel are listed at ...
The court holds that the Corps of Engineers' National Environmental Policy Act (NEPA) environmental impact statement (EIS) adequately addressed the need for a proposed power plant and the environmental effects of its power transmission lines. The court first rules that the Corps adequately addressed...
The court rules that an intervenor in a Federal Energy Regulatory Commission (FERC) hydropower licensing proceeding is not automatically entitled to a trial-type evidentiary hearing. The court first holds that petitioner, an unincorporated association, has standing to sue under federal law, and any ...
The court rules that a national pollutant discharge elimination system (NPDES) permit that calls for monthly or quarterly average discharge data is enforceable even though Federal Water Pollution Control Act (FWPCA) §309 measures penalties for violations in daily increments and Environmental Protec...
The Court upholds the constitutionality of the data consideration and disclosure provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Court first rules that trade secrets recognized as property under state law are property protected by the Taking Clause of the Fifth Ame...
Affirming the district court's opinion, 14 ELR 20538, the Seventh Circuit holds that the Department of Transportation (DOT) did not violate federal law in planning a bridge and traffic corridor in Wisconsin. The district court held that DOT violated neither (1) the National Environmental Policy Act ...
The court holds that a trustee in bankruptcy may not abandon a hazardous waste site where such abandonment would constitute disposal of waste in violation of state law. The Quanta site contains over 70,000 gallons of polychlorinated-biphenyl-contaminated oil, which by state law must be guarded, cont...
The court rules that a trustee in bankruptcy may not abandon a hazardous waste site where such an abandonment would effect a disposal of waste in contravention of state law. The Quanta trustee proposed to abandon a site in New Jersey containing polychlorinated-biphenyl-contaminated oil. The court ho...
The court rules that interstate pollution is not subject to abatement action under §126 of the Clean Air Act unless it significantly contributes to violations of the national ambient air quality standards (NAAQS) in the receiving state. Ruling on a challenge to the Environmental Protection Agency's...