On a motion for reconsideration, the court revises its previous decision in which it held that Pennsylvania's "bubble" air emissions standard is not an alternative standard to the standard for volatile organic compounds. The court holds that the bubble standard may provide such an alternative standa...

The court rules that the Hazardous Materials Transportation Act (HMTA) does not provide an implied private cause of action. Pursuant to the HMTA, the Secretary of Transportation published a table listing butane as a hazardous material and promulgated regulations requiring permanent storage tanks for...

The court holds that the Secretary of Commerce's dismissal of an oil company's appeal of the California Coastal Commission's consistency objection under §307 of the Coastal Zone Management Act (CZMA) to the company's outer continental shelf oil exploration plan estops the oil company from challengi...

The court holds that the Environmental Protection Agency (EPA) acted within its authority in setting the recommended maximum contaminant level (RMCL) for fluoride at 4 milligrams per liter under the Safe Drinking Water Act (SDWA). The court first holds that EPA properly calculated the RMCL to avoid ...

The court clarifies the standards it applies in reviewing applications for a stay of a proceeding involving a federal agency, and it reaffirms an earlier holding that Ohio is entitled to a stay in the Nuclear Regulatory Commission's (NRC's) issuance of a full-power license to the Perry Nuclear Plant...

The court holds that a Federal Water Pollution Control Act (FWPCA) §404 permit is required to discharge fill material into navigable waters during construction of a hydroelectric facility previously licensed by the Federal Power Commission (FPC). The court initially holds that the Federal Power Act...

The court holds that the Environmental Protection Agency (EPA) arbitrarily and capriciously lifted its ban under the Federal Food, Drug, and Cosmetic Act (FFDCA) on imported mangoes treated with ethylene dibromide (EDB), a known carcinogen, based solely upon consideration of the ban's impact on fore...

The Court holds that the subsidence provisions of the Pennsylvania Bituminous Mine Subsidence Act (Act) on their face do not violate the Taking or Contract Clauses of the Constitution. The Court first holds that §4 of the Act, which prohibits coal mining that causes subsidence damage to buildings, ...

The court rules that the punitive damage provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not violate the due process rights of recipients of Environmental Protection Agency (EPA) administrative cleanup orders. In footnotes, the court initially not...

The court rules that a violation of a quarterly average limitation of the Environmental Protection Agency's (EPA's) lead phasedown rule constitutes only a single day of violation under Clean Air Act §211(d), which imposes a mandatory $10,000 per day civil penalty for violations of EPA's fuel additi...