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Public Interest Research Group of N.J. v. Carter-Wallace, Inc.

The court holds that §505 of the Federal Water Pollution Control Act (FWPCA) does not limit citizen groups to suing for civil penalties for permit violations that occurred subsequent to the filing of the complaint. The court rejects the defendant's argument that citizens may seek civil penalties on...

Moreco Energy, Inc. v. Penberthy-Houdaille

The court holds that citizen suits under the Toxic Substances Control Act (TSCA) must assert ongoing violations. The court first holds that although the disputed polychlorinated biphenyl (PCB) contaminated oil is located in another judicial district, it still has jurisdiction over whether or not the...

Moreco Energy, Inc. v. Penberthy-Houdaille

The court holds that regulations under the Toxic Substances Control Act (TSCA) governing the disposal of polychlorinated biphenyls (PCBs) apply to both generators and owners or operators of disposal facilities, and that a generator is "storing for disposal" PCB-contaminated oil within the meaning of...

Allandale Neighborhood Ass'n v. Austin Transp. Study Policy Advisory Comm.

The court holds that associations alleging that a city transportation plan would result in depressed property values have standing to challenge the plan under the Federal-Aid Highway Acts (FAHA) and the Urban Mass Transportation Act (UMTA), and that neither statute provides a private cause of action...

United States v. E&C Coal Co.

The court holds that a coal company is not entitled to the Surface Mining Control and Reclamation Act's reclamation fee exemption for operations affecting two acres or less. The court holds that the area above underground mines has been included in the definition of "affected area" since the origina...

United States v. M.C.C. of Fla., Inc.

The court holds that a jury trial is available on the issue of liability for civil penalties under the Rivers and Harbors Act and the Federal Water Pollution Control Act, in accordance with the Supreme Court's opinion in Tull v. United States, 17 ELR 20667. The Supreme Court had remanded the case to...

United States v. Dart Indus.

The court holds that the South Carolina Department of Health and Environmental Control's (DHEC's) oversight and limited regulatory activities at a hazardous waste site do not make it an "owner or operator" under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (C...

Smalls v. EPA

The court holds that the Federal Tort Claims Act's (FTCA's) discretionary function exception bars a suit alleging that the Environmental Protection Agency (EPA) negligently selected and supervised a hazardous waste transporter and that the agency failed to ensure that the transporter disposed of the...

New York Pub. Interest Research Group v. Islip, Town of

The court holds the Long Island Landfill Closure Law (Closure Law) prohibits horizontal expansion but permits vertical expansion of a landfill, and that a consent order permitting ash disposal in the landfill is not an unlawful landfill expansion or an "action" under the State Environmental Quality ...

Romer v. Carlucci

In an en banc decision, the court holds that state and local governments and environmental groups can challenge the adequacy of the Air Force's environmental impact statement (EIS) on the deployment of MX missiles, but the EIS need not consider alternate weapons systems or basing modes, or the missi...