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In re Commerce Oil Co.

The court holds that proceedings by the state to assess civil penalties under the Tennessee Water Quality Control Act (WQCA) fall within the police power exception to the automatic stay provision of the Bankruptcy Code. The court first holds that the case is not moot, despite the debtor's failure to...

State v. Diamond Int'l Corp.

The court holds that an action brought by New Hampshire for civil penalties for national pollutant discharge elimination system permit violations by the past and present owners of a paper mill is barred by a two-year state statute of limitations. The statute of limitations provides that all suits fo...

United States v. Seafab Metal Corp.

The court holds that review of an administrative order issued by the Environmental Protection Agency (EPA) under §3013 of the Resource Conservation and Recovery Act (RCRA) requiring the operator of a lead fabrication plant to submit a proposal for monitoring and analysis of soils and groundwater is...

McCarthy v. Thomas

The court holds that the Environmental Protection Agency (EPA) has not sufficiently demonstrated that it was impossible for it to meet a court-imposed deadline of March 31, 1988, for promulgating a federal implementation plan (FIP) under the Clean Air Act for Maricopa County, Arizona. The court prev...

Smith Land & Improvement Corp. v. Celotex Corp.

The court rules that caveat emptor is not a defense to liability for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that the doctrine of corporate successor liability is appropriate in CERCLA contribution claims. The purchaser of a tract of ...

Northside Sanitary Landfill, Inc. v. Thomas

The court declines to review the merits of petitioner's objections to the Environmental Protection Agency's (EPA's) decision to place a site on the Comprehensive Environmental Response, Compensation, and Liability Act's National Priorities List (NPL), since petitioner failed to put EPA on proper not...

National Wildlife Fed'n v. Interstate Commerce Comm'n

The court holds that the National Trails System Act (Trails Act) does not authorize the Interstate Commerce Commission (ICC) to compel railroads to transfer unused rights-of-way for trail use, and that application of ICC transfer rules might constitute a compensable taking of the property of holders...

Lyng v. Northwest Indian Cemetery Protective Ass'n

The Court holds that the Free Exercise Clause of the First Amendment does not prohibit the federal government from permitting timber harvesting or constructing roads in the Six Rivers National Forest in California, even where these activities will interfere with native American Indian religious ritu...

Sierra Club v. Simkins Indus.

The court holds that an environmental plaintiff in a Federal Water Pollution Control Act (FWPCA) §505 citizen suit has established a continuing violation as required by the Supreme Court's decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 18 ELR 20142, and the remedy of c...

Intermountain Forest Indus. Ass'n v. Lyng

The court rules that a timber management plan (TMP) is not binding on the Forest Service, and denies plaintiff industry groups a preliminary injunction requiring the Forest Service to manage the Bridger-Teton National Forest in Wyoming in accordance with the forest TMP. The court holds that plaintif...