The court holds that the passage of two years between application for and issuance of a Federal Water Pollution Control Act permit did not work a taking of plaintiff's property.
[The court has not approved this opinion for publication, and therefore it may not be cited as precedent to the court.]
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The court holds that the Secretary of Commerce violated his nondiscretionary duty under the Pelly Amendment to the Fisherman's Protective Act and the Packwood-Magnuson Amendment to the Fishery Conservation and Management Act to certify Japanese sperm whaling in violation of an International Whaling ...
The court holds that the Corps of Engineers did not exceed its authority when it denied appellants a nationwide permit under Federal Water Pollution Control Act (FWPCA) §404 for construction of an earthen dam on Wildcat Creek in Colorado based on potential adverse downstream impacts of the depleted...
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes retroactive liability for government response costs incurred before CERCLA took effect and consolidates this action for response costs and natural resource damages at the Rocky Mountain Ar...
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes contribution among responsible parties. The court rules that federal law governs the issue, since the action is based on a federal statute. Section 107(e)(2) of CERCLA expressly preserv...
In an action to recover response costs from a corporate hazardous waste generator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that it lacks personal jurisdiction over defendant's parent corporation. Initially, the court rules that since C...
The court holds that the plaintiff may not collect attorneys fees under the Equal Access to Justice Act (EAJA) because plaintiff filed its motion for fees prematurely, after the court issued a permanent injunction but before it entered final judgment. Construing EAJA as a narrow waiver of sovereign ...
The court upholds the constitutionality of punitive damages provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Minnesota Environmental Response and Liability Act (MERLA). After several years of litigation in which plaintiffs have sought to have t...
The court holds that the district court had no subject matter jurisdiction over claims by the city that state effluent standards violated a consent decree, the Federal Water Pollution Control Act (FWPCA), or due process. The court first notes that it reviews de novo a dismissal for lack of subject m...
The court holds that a real estate corporation and its individual owner are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for state response costs concerning, and under New York nuisance law for the abatement of, hazardous waste pollution at a dispos...